This is a dumb lawsuit. One, the Name of the phone is not Black Cherry or Strawberry, it's Chocolate. People don't say I have a Black Cherry phone they say they have a Chocolate. Black Cherry and Strawberry are adjectives that describe the phone's color. It's not like they are suing Motorola for advertising the Black RAZR on Cingular/AT&T. Two, No one is ever going to confuse a Chocolate with a Blackberry, I can see Blackjack and Blackberry but not a Black Cherry Chocolate. Three, if comes down to where colors are trademark (aka T-mobile trademarked Magenta as their color for any phone they want)I would start trademarking your 120 pack of Crayola Crayons before people start running out of names or creating new ones like BLAK or BLU.
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This is a dumb lawsuit. One, the Name of the phone is not Black Cherry or Strawberry, it's Chocolate. People don't say I have a Black Cherry phone they say they have a Chocolate. Black Cherry and Strawberry are adjectives that describe the phone's color. It's not like they are suing Motorola for advertising the Black RAZR on Cingular/AT&T. Two, No one is ever going to confuse a Chocolate with a Blackberry, I can see Blackjack and Blackberry but not a Black Cherry Chocolate. Three, if comes down to where colors are trademark (aka T-mobile trademarked Magenta as their color for any phone they want)I would start trademarking your 120 pack of Crayola Crayons before people start running out of names or creating new ones like BLAK or BLU.