RIM has found itself in the battle of another court case, this time over a trademark dispute. According to reports, a trademark appeal board has rejected registration for the term “CrackBerry” for different types of goods, services, and clothing ruling that the trademark would dilute Research in Motion Ltd.’s BlackBerry mark.
The story begins back in 2006-2007 when the firm Defining Presence planned to use the name for Web-based marketing services, chat rooms, computer services and clothing. It argued that their trademark should pass because CrackBerry was a parody of BlackBerry and would not dilute the brand. RIM argued that all four of the trademarks diluted the brand’s quality plus would confuse the public.
Administrative Trademark Judge David E. Bucher first found that Research in Motion had adequately established standing and priority for purposes of its opposition.
The board said:
First, and most important, the public itself adopted and popularized “CrackBerry” as a nickname for BLACKBERRY wireless handheld devices. The name does not solely—if at all—reflect [Axel’s] asserted attempt to parody [Research in Motion’s] marks. This circumstance alone materially distinguishes this case from the Louis Vuitton decision. Second, [Axel’s] use of “CrackBerry” on services that are for the most part closely related to [Research in Motion’s] goods and services significantly undercuts the effectiveness of the asserted parody in avoiding dilution by blurring.
So in sum, RIM does not own the word ‘CrackBerry’, they simply stopped someone else from using it. If you’re wondering why the website CrackBerry.com has not felt any pressure from RIM the reason is that although CrackBerry is not officially affiliated with RIM, it is still about BlackBerry. After all, CrackBerry.com is a site devoted to BlackBerry so when used in context, it does not dilute or confuse RIM’s BlackBerry mark.