RIM, Samsung make nice over BlackJack

As with many legal settlements, the terms are undisclosed and it’s back to business as usual, but probably with subtle changes.
Research In Motion Ltd. and Samsung Electronics Co. Ltd. apparently announced yesterday-how or to whom remains unclear, as both companies’ Web sites reflect no mention of the matter-that they had reached agreement on RIM’s December lawsuit against Samsung over the company’s BlackJack smartphone.
According to media reports, the settlement includes “immediate provisions for the protection of RIM’s valuable trademarks,” but those provisions remain largely undisclosed. RIM apparently disclosed that Samsung would withdraw its application for a trademark on the BlackJack smartphone and take “certain reasonable measures to avoid confusion in the marketplace.” The statement also referred to limitations on Cingular Wireless L.L.C.’s “retention of common law rights in the Blackjack trademark.”
RIM’s statement apparently spelled Blackjack with a lower case “j,” which might reflect one element of the agreement. One of RIM’s objections to Samsung’s “BlackJack” was that it confused consumers into thinking that Samsung’s device was somehow connected with or approved by RIM, whose BlackBerry devices use an uppercase “B.”
RIM’s lawsuit followed on the heels of the BlackJack’s launch at Cingular in November. Cingular is the leading United States source of RIM’s BlackBerry devices. RIM alleged that the BlackJack’s name, form factor, logo, product packaging and advertising campaign all were designed to capitalize on the BlackBerry’s trademarks and reputation. RIM specifically cited its own Pearl device as a victim of Samsung’s product and campaign with Cingular.
Whatever the terms of the settlement, it appeared unlikely that RIM received what it demanded in its lawsuit: a total recall of all BlackJack products and packaging for destruction by RIM.
RIM did not respond to questions about the settlement.