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Originally Posted by SanFrancisco
The issue here, with the word "black" in the name, will the public be confused into thinking they are buying a BlackBerry when in fact they are buying a Black Jack?
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I agree with SanFranciso.
I'm a senior in college majoring in business. We are required to take a Business Law (431 level) class, and we talked about this issue.
SF is exactly right about the distiction between Blackberry and BlackJack.
Our law teacher (who is a lawyer and teaches for fun at the university), told us several occasions where this came into play.
One example: Starbucks coffee sued another coffee company called "Charbucks". The jury had 100 people surveyed to figure out if the public was confused as to which they were drinking? Starbucks lost.
I think if the jury figures out if they know the difference between a Blackberry and a BlackJack, an answer will be found.
And, if they are in different industries it doesn't matter if they use the same name, but in this instance, it is in the same industries in the same competiting market. So a case can be filed.