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RIM, Samsung settle over BlackJack device

By Reuters
Toronto, 09 Feb 2007

Research In Motion (RIM) and Samsung Electronics have settled a lawsuit in which RIM alleged the South Korean electronics giant had infringed on its well-known BlackBerry trademark with its competing BlackJack smartphone.

"RIM is very pleased to have reached a mutually beneficial settlement agreement that includes immediate provisions for the protection of RIM's valuable trademarks," the company said in a statement e-mailed to Reuters.

Ontario-based RIM said the companies have agreed to keep the terms of the pact confidential, but added the deal includes limitations on use of the BlackJack trademark and the withdrawal of the trademark application for BlackJack.

In the suit filed in December in the US District Court for the Central District of California, RIM had alleged Samsung was "misleading the public into falsely believing Samsung's goods and services are connected with RIM's business".

RIM also said in its statement that the settlement with Samsung includes "certain reasonable measures to avoid confusion in the marketplace".

Samsung Telecommunications spokesman Kim Titus confirmed the settlement, adding "we will continue selling the BlackJack by that name and the rest of the terms of the settlement are confidential".

RIM had sought unspecified damages as well as legal costs, and had asked Samsung to "deliver to RIM for destruction" every item that bears the BlackJack mark that the company holds or has sold.

In its lawsuit, RIM had said Samsung's BlackJack was similar to the latest in RIM's line-up of popular smartphones, the BlackBerry Pearl.

Earlier this week, RIM won a second victory in a key British patent lawsuit that threatened the future of the BlackBerry in Britain.

London's Court of Appeal upheld a court ruling from a year ago that found RIM had not infringed a patent held by InPro Licensing Sarl, which related to how portable computers browse the Web.

Though it denies it feels threatened by new entrants into the smartphone market, RIM has recently had to contend with launches of devices such as Samsung's BlackJack and Apple's iPhone, which some analysts say will further stiffen competition among handset vendors.

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