RIM, Samsung settle lawsuit over BlackJack

Research in Motion (RIM) and Samsung Electronics have settled a lawsuit in which RIM alleged the South Korean company, Samsung, on its well-known BlackBerry trademark with its competing BlackJack smart phone.

After lots of these same lawsuits for trademarks, I have realized that the well-known rule "first come first served" applies here as well. However, I am not sure how that rule complies in this case, but RIM sued Samsung anyways for infringing its BlackBerry trademark. Clearly, BlackJack is a better version of the smart phone, and both have the name "Black" in it, but I am not sure why RIM sued Samsung for its trademark.

Also I cannot believe that Samsung agreed to limit the use of the BlackJack trademark and the withdrawal of the trademark application for BlackJack. BlackJack is clearly another word than BlackBerry. It is true that they look similar, but Samsung agreeing to these terms is just absurd in my opinion.

I have wanted to get BlackBerry ever since it first came out. Its look was breath-taking, and the fact that it's a smart phone and slim to the bone, just made me want to get this phone as soon as possible. As I was considering the phone, I wasn't even aware of that fact that it could be infringed with BlackBerry. The original lawsuit was that Samsung was "misleading the public into falsely believing that Samsung's goods and services are connected with RIM's business." As one of the cellphone user myself, I was no where close to the fact that BlackJack could be connected to BlackBerry.

At the end of the settlement, Samsung added that "we will continue selling the BlackJack by that name" (of course they should do that) , "and the rest of the terms of the settlement are confidential." Also RIM had said that Samsung's blackJack was very similar with RIM's latest phone BlackBerry Pearl.

I believe that RiM was just scared of the fact that Samsung's BlackJack could sweep the market since Apple's iPhone's coming out also in few months. I guess Samsung had learned its lesson, and we should all learn as well. When coming up with the new product, try to stay far away as possible when it comes to name, look, and even what it can do (?).

Mike

Sources:

RIM, Samsung settle lawsuit over BlackJack
PUBLISHED: February 8, 2007
http://news.com.com/2100-1041_3-6157520.html