Cell Phones : RIM gets kicked while down, sued over BBM trademark

It's been a long December for RIM, and there's reason to believe this year won't be any better than the last. This month, the company was sued for its use of the BBX trademark and was forced to change its name to BlackBerry 10; then, it all hit the fan when co-CEO Mike Lazaridis broke the news that phones running the aforementioned OS won't arrive until late in 2012. And let's not even get started on the quarterly earnings report. Sadly, it's not over: BBM Canada, a Toronto-based broadcast industry group that has used the BBM moniker in one way or another for six decades, wants to reclaim its name -- used and made popular by RIM's BlackBerry Messenger service -- and has filed a lawsuit against the phone maker for trademark infringement. BBM Canada CEO Jim MacLeod says he's made several attempts to resolve the matter with them in hopes of avoiding the courtroom -- even to the extent of offering to rebrand his own company as long as RIM footed the bill -- to no success.

MacLeod told The Globe and Mail that "I find it kind of amazing that this wouldn't have been thought about before they decided to use the name -- the same thing goes for BBX." And according to court documents, it actually was: in February 2010, RIM attempted to apply for the BBM trademark with the Canadian Intellectual Property Office, was told that it wasn't registerable, and still went ahead and used it for its BlackBerry Messenger service anyways. We'll see what kind of explanation the company has for going ahead and using the three-letter acronym in a couple weeks, since a hearing has been scheduled for January 11th.