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Is RIM trying to make itself a laughingstock? Its new smartphone, called the “BBX” apparently (allegedly) infringes on a trademark held by software company BASIS, which has registered its “BBx” operating system, independent language, and database toolset. I never heard of it. It sounds kind of archaic, actually, I guess because it sounds like BASIC, the first and only programming language I ever learned (and that from my weird neighbor when I was 12).

This, RIM doesn’t need. Time was when it was Blackberry or nothing, at least in the slow-to-adapt legal profession. Actually, it was only two years ago (less for me) that most lawyers were still chickleting away, ignorant of the bliss that is the on-screen keyboard. Now, my mom and dad are iPhone lovers. We were once a Blackberry family. RIM’s latest dunderheaded gaffe will perpetuate and maybe validate the perception that they are not with it. And that’s to say nothing about their recent service outage, which could lead to lawsuits (job security!).

A trademark infringement lawsuit, when RIM was on the cusp of unveiling its new, super-cool BBX phone. Say it: BBS. Badass, right? It sounds like BMX or BBS, or something else I thought was awesome when I was in sixth grade.

RIM didn’t pull the name out of nowhere. After RIM bought QNY Systems and based its new tablet and smartphone operating systems off of QNX, it made sense to take the ‘Q’ and plop it after the ‘BB’. It doesn’t hurt that, as noted by CIO Blogs, that “BBX also sounds a lot like “BBM,” (BlackBerry Messenger) RIM’s popular BlackBerry-only IM client, which makes the name easy to remember.”

Yes, I do vaguely remember having something called BBM on my old Blackberry. I may have used it once.

BASIS is of course claiming that its customers are ever so confused by RIM’s use of the BBX name:

[A] new BlackBerry operating system (OS) named “BBX” is causing great confusion for the worldwide BASIS community and could potentially harm BASIS’ [sic] reputation for enabling cross-platform application development….We are fielding numerous customer inquiries voicing their confusion about the RIM announcement.

RIM issued the usual ‘I ain’t sayin’ nuthin, but I ain’t did nuthin neither’’ statement:

RIM has not yet received a copy of the legal complaint described in Basis International’s press release, but we do not believe the marks are confusing, particularly since our respective companies are in different lines of business.

Here’s my take. RIM sells (or tries to sell) smartphones. BASIS sells operating systems. But they’re both in the tech industry and BASIS sells its product to a lot of companies, including RIM competitors Apple iOS and Google Android. RIM is fighting an uphill battle.

RIM has garnered a ton of press out of this move. Was it intentional? I doubt it. But sometimes a Hail Mary pass works.

RIM was either negligent in its trademark search or took a big risk. I like neither move.