BBM owns the registered trade-mark “BBM” (the “BBM Trade-mark”). BBM brought an application against RIM alleging trade-mark infringement of its BBM Trade-mark in respect of RIM’s rebranding of its Messenger service as “BBM”. The application was dismissed and our summary is found here.
The Court found that RIM’s use of BBM was not likely to cause confusion with the BBM Trade-mark. In the appeal, BBM brought a motion to introduce new evidence that RIM sought and was granted the inclusion of BBM as a new word in the Collins dictionary. BBM argued that this inclusion supports its argument that the two trade-marks cannot co-exist.
The Court of Appeal dismissed the motion, finding that the evidence before the Court demonstrated that RIM has built brand recognition and this additional evidence merely supports this finding.