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US Federal Court bars RIM from using BASIS’ BBX Trademark

By Bla1ze on 6 Dec 2011 10:43 pm EST
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BASIS

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./

Press Release

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.

About BASIS

BASIS International Ltd. is a global software company whose software developer community is a worldwide network of partners for whom the BASIS “BBx Generations” of products form the foundation for proven and reliable software solutions. Since 1985, BASIS’ mission has been to blaze a trail by producing ambitious and innovative programming languages, database products, development tools, and an application framework for their community to build upon. BASIS is committed to delivering platform independence to the server and client, including browser-based mobile clients.

Reader comments

US Federal Court bars RIM from using BASIS’ BBX Trademark

36 Comments

Man I am so unimpressed with BASIS right now. BBx isn't even the current implementation right now since they've been running with the BBj name for a while.

so if the US system can work that fast, why are there still a billion IP suits kickin about from last year?!

It's a temporary restraining order (TRO), put in place while the main lawsuit is pending. These things are supposed to be fast.

So a US court is preventing a Canadian company from using the term "BBX" in Singapore? How is that within the court's jurisdiction?

no theyve ruled BB cant use BBX at all, so when RIM come to sell a phone, or distribute anything to the US they wouldnt be able to. sure the US is now the second largest smartphone country not the first, but you wanna sell to everyone ya can.

I wonder if calling it BBX OS would make a difference.. or if RIM simply trademarked it as BlackBerryX...

Or they should buy this crap-box company (I know nothing about it, maybe it's an awesome company...) and throw it the away so it doesn't bother them anymore.

Do you not check this kind of thing out well before you start using it and getting people hyped about it. Then all you have left is BB10

Smh

That is what I find most astounding. The fact that they didnt bother to see if the name BBX was in used before announcing it.

I guarantee they had a team searching through the TM database, and this one came up at some point in time. The decision to go ahead with a trademark was most likely made based on their belief that their product was not linked to the same end users as Basis. Unfortunately, they were not successful in this as we all know.

Blackberry will have to do something to get this name. I really like the name BBX its catchy and is easily marketable. Maybe change it but they have to do something to allow them to sell into the US market. Even if they are third, that is a lot of smartphones.

Folks, it's a TEMPORARY restraining order preventing them from using BBX at DevCon. It's probably an "ex parte" order (i.e. RIM didn't get to respond to the motion and the judge only heard from Basis and ruled based on Basis' submission).

Another thing. Basis is HQ'ed in Albuquerque and a judge in New Mexico decided this motion...wonder if there's territorial bias there...

Highly unlikely that it was ex parte; RIM undoubtedly not only had a chance to respond, but did by filing their own briefs. An application such as this wouldn't likely even be permitted to go ahead on an ex parte basis, but even if it could, BASIS wouldn't want it to, because that would simply give RIM an extra avenue of appeal.

Ex parte matters are generally reserved for situations where (a) you can't find the other part, or (b) there's a reason NOT to give the other party warning (such as when trying to effect a seizure)

Huh, funny...you didn't see Cisco get their panties in a twist with Apple using their IOS name; maybe instead of crying it was their name [Cisco] they did what any smart company would do and licensed the name to Apple. Wow, that's a pretty smart business move. Now you not only have licensing revenue but your name is associated with a multi-billion dollar global company. Well, that last part is more directed to BASIS rather than that little company Cisco XD

Huh, funny...you didn't see Cisco get their panties in a twist when Apple used the iPhone name too. Wow, it's amazing what happens when people sit down and talk business and leave the
%#^#%$& lawyers out of this.

I'm all for protection of Trademarks, but I can't believe (that company that no one knows) is taking it so seriously. Work it out, you're both businesses...

In the end RIM, BBX is a short and catchy name, but what's more important is that you ship solid hardware and software, so GET BACK TO WORK.

Thanks.

This so well demonstrates why RIM's management is incompetent. Even at a non-technical task like picking a name the fumbled. No one checked, there didn't seem to be any negotiations with Basic, and then they pick something as mundane and dull as Blackberry 10. It's really getting harder and harder to believe in you RIM, even though I'm trying.

You won't have to believe in them for very much longer. They will through in the towel, HP style, on mobile devices about 9 months after they release the first BB 10 device; and stick with IT services.

Don't know why people are in a fit over the whole issue. Somebody was already using the name and told RIM to stop using it. Big deal. It's so minor it's not worth losing sleep over.

Choose your battles carefully, and don't let ego get in the way.

Why can't RIM's legal department just strike up a deal to use the name with the trademark owner? Everyone else does it (remember the Cisco iPhone name dispute Apple settled quickly?).

They are most likely fighting over how much RIM will pay them to use BBX. Just call it Blackberry X and everyone will use BBX it's just one more syllable. Just make the damn code work!!! I kinda like Blackberry X better than BBX anyhow.

Who cares either way - results/performance is really the name of the game unless you're just one of the herd/cult!

im sorry but before this lawsuit did anyone ever hear of Basis before? Talk about using RIM to advertise your company.