Blackberry is a big name in the world of digital gadgets and technology. In January 2018, Blackberry applied for registering its cybersecurity software under the mark and word “Jarvis”. The mark was applied for registration under class 42. It was published in March 2019.
The name “Jarvis” came into fame for the Iron man movie. The creator of Jarvis, the Marvel Comics opposed the registration of Blackberry's mark. Marvel pointed out that the goodwill, fame of their trademark will be hampered due to the same name as Blackberry’s product.
The world now runs on the value of the brand and logos. Trademark protects brands and logos. A trademark is any “thing” that helps a consumer distinguish between one company’s products or services from another company’s products or services. It can be a word, logo, phrase, symbol, or tag line so long as it is used to identify a good or service as coming from a particular source. Trademarks allow businesses to build an identity and reputation with customers, and flourishes.
Trademark infringement takes place when someone uses the trademark of another company or person or goods, services without any permission or authority. Along with this, the unauthorized use of this mark should be capable enough to confuse consumers. The original holder of the trademark should prove the infringement with evidence.
In this case, Marvel requested for extension of time to apply for the opposition. According to law, a potential opposer may file additional extension requests but in no case, the application should be filed beyond the specified period from the date the mark was published.
J.A.R.V.I.S. (Just A Rather Very Intelligent System) is Tony Stark's artificially intelligent computer. It is programmed to speak with a male voice in a British accent. It was a supporting character to Iron Man, one of Marvel's flagship characters. Marvel Comics is the brand name and primary imprint of Marvel Worldwide Inc. a publisher of American comic books and related media.
Blackberry's Jarvis is a transformational, cloud-based, binary static application security testing platform. The powerful and extensible architecture of Blackberry’s Jarvis automatically identifies over a hundred categories of vulnerabilities in securities and software. It is made for automobiles.
The word “Jarvis” of Marvel is registered as a trademark under Class 9 for computer application software for use as personal digital assistants. Marvel claimed that the use of the word and mark “Jarvis” could create confusion in the mind of consumers. According to the opposed “Jarvis”, mark and character got popularity through their movies. Hence they are the first owner of the mark. In its opposition, Marvel prayed before the Trademark Trial and Appeal Board to refuse the registration of Blackberry’s “Jarvis” mark.
To visit, Trademarkclick.com, Click Here
Picture Source :
