BlackBerry today struck a blow against one of its most bitter rivals: American Idol host Ryan Seacrest.
Only one day after BlackBerry severed ties with "global creative director" and singer-songwriter Alicia Keys, the smartphone maker says that a company founded by Seacrest infringed on its rights in making an iPhone case that copies BlackBerry's distinctive keyboard.
The patent lawsuit (PDF) is filed in US District Court in Northern California against Typo Products, co-founded by CEO Laurence Hallier and Ryan Seacrest, whose credentials include serving as chairman of The Ryan Seacrest Foundation and host of On Air with Ryan Seacrest. Seacrest and Hallier reportedly invested more than $1 million in Typo.
BlackBerry, which announced a quarterly operating loss of $4.4 billion last month, begins its lawsuit with a recitation of the innovations that helped it rise to former glory.
"BlackBerry revolutionized the mobile communications industry," BlackBerry wrote. "Its innovative, cutting-edge products changed the way millions of people around the world connect, converse, and share digital information."
More to the point, "BlackBerrys innovations in keyboard design have given rise to broad intellectual property rights, including design patents, utility patents, and trade dress protection."
Those designs were brazenly stolen by Seacrest and gang, BlackBerry alleged. The resulting product, the Typo Keyboard for iPhone 5 and iPhone 5S, was recently announced and can be pre-ordered for $99.
"
nstead of developing its own keyboard design, Typo chose to copy BlackBerrys iconic keyboard design as embodied in, among others, BlackBerrys Q10 smartphone, seeking to trade on BlackBerrys commercial recognition and Goodwill," BlackBerry alleged. "Indeed, Typo has acknowledged its copying of BlackBerrys iconic keyboard." The aggrieved mobile device manufacturer quoted an interview Seacrest gave to CNN:
Interviewer: So its the best thing about a BlackBerry, within the iPhone.
Ryan Seacrest: Thats kind of how this came to fruition.
BlackBerry further pointed to a spot on Typo's website where the company says "many of our friends and colleagues carried two phones: for typing and correspondence and an iPhone for virtually everything else. One night, we went out to dinner and both had our phones on the table. Two people, four phones!"
This, said BlackBerry, is evidence that "the co-founders of Typo, Laurence Hallier and Ryan Seacrest, created the Typo Keyboard specifically to replace their BlackBerry devices with a physical keyboard copied from a BlackBerry."
BlackBerry alleged infringement of patents for a "Hand-held electronic device with a keyboard optimized for use with the thumbs," a "Ramped-key keyboard for a handheld mobile communication device," and a design patent for a handheld electronic device.
The Typo Keyboard Case does indeed look similar to BlackBerry keyboards. Here's the Typo:
And here is the BlackBerry Q10:
BlackBerry said Typo should have to give BlackBerry "any and all profits earned as a result of their unlawful, unfair, and fraudulent business practices," and asked for punitive damages.
This is a blatant infringement against BlackBerrys iconic keyboard, and we will vigorously protect our intellectual property against any company that attempts to copy our unique design," BlackBerry Chief Legal Officer Steve Zipperstein said in an announcement on BlackBerry's website.
Typo Products has not answered a request for comment from Ars.
Seacrest, who was last seen kissing "Wrecking Ball" singer Miley Cyrus at midnight on Dick Clarks New Years Rockin Eve 2014, could not be reached for comment because he got rid of his BlackBerry, and we don't have the number for his Typo-equipped iPhon
