No 'Basis' for Trademark Suit, RIM Says

Oct 25, 2011 - LegalZoom News Sources
Software development company Basis recently filed a trademark infringement suit against BlackBerry maker RIM.

New Mexico-based software development company Basis filed a trademark infringement lawsuit against BlackBerry maker Research in Motion on October 24.

In its lawsuit, Basis takes issue with the name of RIM's soon-to-be launched operating system, BBX. Basis states it has used the BBX name for its own software development tools since 1985, and that it owns two registered trademarks protecting BBX as a name for computer programs that facilitate development of software.

The Basis complaint states that consumers have already expressed confusion regarding the RIM's operating system, and have contacted Basis with questions as to whether the company's BBX products will only be compatible with RIM products and not devices that run on other operating systems, such as Google's Android. Basis says it fears its clients will also become confused and its business will be hurt as a result.

Prior to filing suit, Basis sent a cease-and-desist letter to RIM and issued a press release describing the alleged trademark infringement. In response, a RIM spokesperson told Reuters the two companies are in "different lines of business," so there should not be a legal issue with RIM's use of the BBX name.

After an extensive three-day BlackBerry service outage in early October, a CBR survey revealed more than half of BlackBerry users were thinking of switching to an Apple product.