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RIM hit with trademark suit over BBX operating system name


News by Michael Oryl on Tuesday October 25, 2011.

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Basis International, a company that offers products under the BBx name, has followed through on its threat to sue Research In Motion for its use of the name "BBX" for the company's next generation BlackBerry smartphone and tablet operating system.

An excerpt from the complaint filed by Basis International follows:

"After RIM's public announcement of its BBX operating system, BASIS began receiving inquiries from confused customers. In addition to the inevitable confusion created by RIM's use of the mark BBX for related goods, customers and prospective customers are also likely to wrongly believe that software applications created using BASIS' development tools are only compatible with RIM's BBX operating system, thus impairing and destroying BASIS' reputation for providing software development tools for cross-platform development."

Basis International's BBx product is described by the company as an "operating system independent language, database, and toolset." The company has even said that its product could be used to create cross-platform applications that would work on RIM's BlackBerry devices.

Basis International is seeking a preliminary and permanent injunction that would prohibit RIM from using the BBX name and is seeking to have RIM ordered to pay Basis all "earnings, profits, receipts and advantages derived by Defendants through the marketing of goods in association with the unlawful acts alleged herein." Basis is also seeking to have RIM cover any advertising expenses Basis International would incur while attempting to erase any market confusion created by the RIM's use of the BBX name, and is also requesting RIM pay three times any actual damages as a punitive award to Basis.

 
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Michael Oryl
Michael is the Philadelphia based owner and former editor-in-chief of MobileBurn.com. You can follow him on Twitter as @MichaelOryl

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