According to Basis, RIM had refused its requests to stop using the trademark at the conference, hence the decision to seek the restraining order.
In rejecting RIM's arguments against the issuance of a temporary restraining order, the court found that: "The BBX mark is identical to the mark which RIM is allegedly using to present its BBX product" and "despite the fact that the two companies are not direct competitors, the parties' respective BBX products are highly related and target the same class of consumers, that is, business application software developers."
The court went on to concur with Basis that "The alleged infringement is likely to cause customers and prospective customers to wrongly believe that the software applications created using Basis's development tools are only compatible with RIM's BBX operating system."
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