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Complaint Rim Bbx

Complaint Rim Bbx

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Published by mschwimmer
trademark complaint RIM BBX
trademark complaint RIM BBX

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Published by: mschwimmer on Oct 25, 2011
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10/25/2011

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UNITED STATES DISTRICT COURTDISTRICT OF NEW MEXICO
BASIS INTERNATIONAL LTD.,Plaintiff,v.RESEARCH IN MOTION LIMITED, andRESEARCH IN MOTIONCORPORATION,Defendants.)))))))))))Civil Action No. _____________
Jury Trial DemandedCOMPLAINT
COME NOW the Plaintiff, BASIS International Ltd. (herein "BASIS" or “Plaintiff”), andfor its Complaint against the Defendants, Research In Motion Limited ("RIM Canada") andResearch In Motion Corporation ("RIM USA"), states and alleges as follows:
THE PARTIES
1.
 
Plaintiff BASIS is a corporation organized and existing under the laws of theState of New Mexico with its principal place of business at 5901 Jefferson Street NE,Albuquerque, New Mexico 87109-3432. BASIS has been in business over 25 years and isrecognized as a global software company that produces an innovative programming language,database products, development tools, and an application framework for the softwaredevelopment community to build upon.2.
 
Upon information and belief, Defendant RIM Canada is a Canadian companywith headquarters at 295 Phillip Street, Waterloo, Ontario N2L 3W8. RIM Canada designs,manufactures and markets wireless solutions for the worldwide mobile communications market.
Case 1:11-cv-00953-LFG-ACT Document 1 Filed 10/24/11 Page 1 of 12
 
RIM is best known as the developer of the BlackBerry smartphone, PlayBook tablet computer,software for businesses, and accessories.3.
 
Upon information and belief, Defendant RIM USA is a Delaware corporationwith its principal place of business at 122 W. John Carpenter Freeway, Suite 430, Irving, Texas75039. Upon information and belief, RIM USA is a wholly-owned subsidiary of RIM Canadaand serves as a representative of RIM Canada for purposes of conducting business in the UnitedStates. (When not identified separately, RIM Canada and RIM USA are collectively referred toherein as "RIM".)
VENUE AND JURISDICTION
4.
 
This is a civil action for trademark infringement arising under the trademark lawsof the United States, 15 U.S.C. §§ 1051-1127; for false designation of origin and unfaircompetition in violation of 15 U.S.C. § 1125(a); and for trademark infringement and unfaircompetition under the common law of the State of New Mexico. The Court has subject matter jurisdiction of the federal trademark infringement and unfair competition claims pursuant to 15U.S.C. § 1121(a) and 28 U.S.C. §§ 1331 and 1338(a). The Court has subject matter jurisdictionover the related common law claims pursuant to the Court's ancillary and supplemental jurisdiction under 28 U.S.C. §§ 1333(b) and 1367. The Court has jurisdiction over thedeclaratory judgment count pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02.The Court also has jurisdiction over this action pursuant to 28 U.S.C. § 1332, as the amount incontroversy exceeds $75,000, exclusive of interests and costs, and is between citizens of different states and countries.5.
 
Upon information and belief, this Court has personal jurisdiction over theDefendants because Defendant RIM Canada does business directly and indirectly through its2
Case 1:11-cv-00953-LFG-ACT Document 1 Filed 10/24/11 Page 2 of 12
 
wholly owned subsidiary RIM USA within the state of New Mexico. RIM USA is registered todo business in New Mexico and the acts complained of herein have taken place and will takeplace within this judicial district. Further, upon information and belief, the effects of Defendants'infringing activities and tortious conduct have been felt in the state of New Mexico and thisdistrict such that it would be reasonable for this Court to exercise personal jurisdiction over theDefendants.6.
 
Venue is proper under 28 U.S.C. § 1391.
GENERAL ALLEGATIONS
7.
 
For almost three decades, BASIS has provided software application developerswith the platform (e.g. programming language, development toolkit, interpreter, database, andapplication framework) to create new software applications. A key feature of BASIS’ softwaredevelopment products is the ability to actively write software that is not tied to a particularoperating system, but can run on one’s operating system of choice. For example, a softwaredeveloper using BASIS’ products could write code for an application to be run on Apple's iOSmobile devices such as the iPhone and iPad as well as numerous Google Android poweredsmartphones and tablet computing devices, and BlackBerry's smartphones and tablet computingdevices. This platform independence feature of software written using BASIS’ developmenttools is an important product differentiator for BASIS and provides the company with acompetitive advantage in the marketplace.8.
 
Since at least as early as 1985, BASIS has continuously and exclusively used thedesignation BBX as a source identifier for its software development products.9.
 
BASIS owns U.S. Trademark Registrations 1,894,851 and 3,111,681 for themarks BBX (Stylized) and BBX, respectively, for computer programs that provide tools and3
Case 1:11-cv-00953-LFG-ACT Document 1 Filed 10/24/11 Page 3 of 12

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