US Federal Court bars RIM from using BASIS’ BBX Trademark
US Federal Court bars RIM from using BASIS' BBX Trademark
We've known since shortly after BlackBerry DevCon that BASIS International was after RIM for their BBX trademark use but now they've won a temporary restraining order against RIM, so that they may no longer use the BBX name. The full press release is below for you all./
US Federal Court Bars RIM (BlackBerry) from Using BASIS' BBX Trademark
ALBUQUERQUE, N.M.--(BUSINESS WIRE)--The United States Federal Court in Albuquerque today granted a temporary restraining order (TRO) against Research in Motion (RIM), immediately barring RIM from using BASIS International Ltd.'s incontestable federally registered BBX trademark at RIM's Asian DevCon on December 7-8 in Singapore.
RIM had refused BASIS' requests to stop the infringement at the DevCon conference, which resulted in BASIS filing for the TRO.
In rejecting RIM's arguments against the issuance of a TRO, the court found that, "The BBX mark is identical to the mark which RIM is allegedly using to present its BBX product (TRO page 8)." and "despite the fact that the two companies are not direct competitors, the parties' respective BBX products are highly related and target the same class of consumers, that is, business application software developers (TRO page 9)." The court went on to concur with BASIS that "The alleged infringement is likely to cause customers and prospective customers to wrongly believe that the software applications created using BASIS's development tools are only compatible with RIM's BBX operating system (TRO page 11)."
The order described how the "Courts use a well-established four-part test to decide whether to grant injunctive relief (TRO page 7)" and concluded that "Accordingly, after considering all the factors relative to a determination of whether an injunction should be granted, the Court finds that all factors weigh in favor of BASIS (TRO page 8)."
See BASIS' latest generation of BBX in action by running the sample restaurant tip calculator and home mortgage calculator applications from links.basis.com/buidemos to experience BASIS' BBX platform-independent solutions on your own smartphone or tablet.
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