By: Michael Lewis
(Business Reporter)
Source: http://www.thestar.com
Category: Trademark Infringement
A judge has reserved decision on a trademark infringement lawsuit by the Bureau of Broadcast Measurement Canada against Research In Motion Ltd. over RIM’s use of the BBM acronym for its popular BlackBerry Messenger service.
Federal Court Judge David Near presided over a lengthy hearing Wednesday in Toronto focusing on legal arguments, with a written decision to be sent to the parties likely in a matter of months, said BBM chief executive Jim MacLeod.
He said the non-profit audience measurement organization is seeking an injunction to prevent Waterloo-based RIM from using the BBM trademark in Canada, plus $15 million in compensation including $5 million in punitive damages. MacLeod said his decades-old organization would be open to talks with RIM to reach a settlement pending the judge’s ruling.
Toronto-based BBM Canada in its claim said use of the BBM acronym for RIM’s social networking service, launched in 2005, has created confusion in the marketplace.
RIM in a statement said the two organizations “are in different industries and have never been competitors in any area. BBM Canada is attempting to obtain trademark protection for the BBM acronym that is well beyond the narrow range of the services it provides and well beyond the scope of rights afforded by Canadian trademark law,” the statement said. RIM said it asked the court to dismiss the application with costs.
RIM also said its application to register BBM as a trademark with the Canadian Intellectual Property Office is pending, countering BBM Canada’s assertion that RIM’s application for the trademark on BBM was denied.
A legal challenge against RIM’s use of another trademark caused the company to abandon its BBX designation for its new operating system after a New Mexico-based software company asserted trademark protection over the acronym. RIM has since rebranded the OS BB10.
RIM has also gone on the offensive in trademark cases, filing an opposition recently with the Canadian Intellectual Property Office over a Markham firm’s application to trademark the term SportsBerry for a sports focused smartphone device and its applications.
Source: http://www.thestar.com/article/1114238--blackberry-maker-rim-awaits-judge-s-verdict-on-bbm-trademark-battle
Source: http://www.thestar.com
Category: Trademark Infringement
A judge has reserved decision on a trademark infringement lawsuit by the Bureau of Broadcast Measurement Canada against Research In Motion Ltd. over RIM’s use of the BBM acronym for its popular BlackBerry Messenger service.
Federal Court Judge David Near presided over a lengthy hearing Wednesday in Toronto focusing on legal arguments, with a written decision to be sent to the parties likely in a matter of months, said BBM chief executive Jim MacLeod.
He said the non-profit audience measurement organization is seeking an injunction to prevent Waterloo-based RIM from using the BBM trademark in Canada, plus $15 million in compensation including $5 million in punitive damages. MacLeod said his decades-old organization would be open to talks with RIM to reach a settlement pending the judge’s ruling.
Toronto-based BBM Canada in its claim said use of the BBM acronym for RIM’s social networking service, launched in 2005, has created confusion in the marketplace.
RIM in a statement said the two organizations “are in different industries and have never been competitors in any area. BBM Canada is attempting to obtain trademark protection for the BBM acronym that is well beyond the narrow range of the services it provides and well beyond the scope of rights afforded by Canadian trademark law,” the statement said. RIM said it asked the court to dismiss the application with costs.
RIM also said its application to register BBM as a trademark with the Canadian Intellectual Property Office is pending, countering BBM Canada’s assertion that RIM’s application for the trademark on BBM was denied.
A legal challenge against RIM’s use of another trademark caused the company to abandon its BBX designation for its new operating system after a New Mexico-based software company asserted trademark protection over the acronym. RIM has since rebranded the OS BB10.
RIM has also gone on the offensive in trademark cases, filing an opposition recently with the Canadian Intellectual Property Office over a Markham firm’s application to trademark the term SportsBerry for a sports focused smartphone device and its applications.
Source: http://www.thestar.com/article/1114238--blackberry-maker-rim-awaits-judge-s-verdict-on-bbm-trademark-battle
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