A Cape Cod software company that named a program after the local cranberries is being sued for alleged trademark infringement by Canadaâ€™s maker of the BlackBerry e-mail device. Research In Motion, Inc. â€“ which is separately embroiled in a legal fight for its life â€“ claims in a lawsuit that when BackOffice Associates of Brewster named its Web application CranBerry it â€œclearly intended to trade on the substantial goodwill that RIM has developed in its BlackBerry.â€ Itâ€™s the latest legal move by a company that has also sued a toymaker over its electronic organizers for children.
Can Ocean Spray or the actress Halle Berry be far behind?
â€œIt seemed like a little bit of a stretch that they would make such a claim,â€ said Will Crump, the enterprise sales director for BackOffice. â€œWe live right here on Cape Cod. We pass cranberry bogs every day.â€ The company chose the name two years ago â€œbecause we thought that the way cranberries are harvested was simple and elegant,â€ he said. Crump denied there could be any confusion between his companyâ€™s niche business software and RIMâ€™s mass-market handheld device. â€œThereâ€™s nothing mechanical about our product,â€ Crump said. â€œWeâ€™re dealing with very, very different marketplaces with no overlap. We donâ€™t work in the consumer marketplace. Weâ€™re in business-to-business.â€
BackOffice helps companies, including Lucent and Johnson & Johnson, develop Internet applications.
RIMâ€™s retort: Internet applications can be accessed over the network by any handheld device, including the BlackBerry.
From Boston Herald …