Parody Defense Rejected In CrackBerry Trademark Case

Law360, New York (February 29, 2012, 7:56 PM EST) -- A website for fans of Research in Motion Ltd.'s BlackBerry products cannot trademark the term “CrackBerry,” the Trademark Trial and Appeal Board ruled Monday, rejecting's argument that its name parodies that of the popular devices.

The U.S. Patent and Trademark Office board sustained RIM's opposition to the application by the site's operator, Defining Presence Marking Group Inc., finding that a trademark on CrackBerry would confuse consumers and dilute RIM's BlackBerry trademark by blurring.

While the site claimed that CrackBerry constitutes a fair-use parody because it...
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