On January 11, Research in Motion went head to head with BBM
Canada to defend against BBM Canada's allegations of trademark
infringement over the use of the mark "BBM" in connection
with RIM's BlackBerry Messenger service.
The Federal Court of Canada heard hours of legal argument from
both parties and has reserved judgment pending written
decisions.
BBM Canada, established as the Bureau of Broadcasting
Measurement in 1944, is seeking an injunction to prevent RIM from
using the BBM mark in Canada, plus $15 million in damages ($5
million of which are punitive).
Under Canadian trademark law, identical marks are entitled to
co-exist, provided that such marks represent wares or services in
different channels of trade. The general test is whether the
average Canadian consumer would confuse one mark with the other.
For example, in 2006, the Supreme Court of Canada held that there
was no material likelihood of confusion between a Montreal-based
restaurant called
