Temporary Restraining Order Issued Against RIM over BBX Trademark

By: Peter Nguyen, 3L, Gonzaga University School of Law

In an update to the post on November 2, 2011 by Alex Ferguson, a judge has issued a temporary restraining order against RIM from using BBX as the name of its next operating system at an upcoming developer’s conference in Singapore. As a result, RIM has decided to rename its operating system to the Blackberry 10.

In the order against RIM, the judge found in favor of Basis, the registered holder of the BBX mark, because it found that a likelihood of confusion (LOC) existed. In its analysis, the court examined found that all of these LOC factors favored Basis: (1) the degree of similarity between the marks; (2) similarity of products and manner of marketing; (3) the strength or weakness of the mark; (4) evidence of actual confusion; (5) intent of the alleged infringer in adopting its marks; and (6) the degree of care likely to be exercised by the purchasers.

Links:

(1) NYT – After Court Ruling, Rim Changes Name of New Operating System

(2) Temporary Restraining Order