Apple awarded $1.05b settlement with Samsung

Started Aug 25, 2012 | Discussions thread
T3 Forum Pro • Posts: 21,166
trade dress

I think you need to understand the ins and outs of trade dress. Trade dress lawsuits happen all the time. And as far as things like "every hatchback, every laptop, every SLR, every jet airliner", if there is a sufficient case, than those parties can sue one another as well. But the reality is that there really isn't a trade dress issue with "every hatchback, every laptop, every SLR, every jet airliner" because they just don't stand up to scrutiny. However, the Samsung issue was pretty clear, and well documented.

Anways, like I said, trade dress lawsuits happen all the time. The Apple vs Samsung one was just a big one that got a lot of attention. Most other trade dress lawsuits fly under the radar.

As you can clearly see from this photo below, Samsung consciously and deliberately changed their existing designs to copy Apple's trade dress. They could have continued using their original icons. and there was no reason for the change other than to deliberately copy Apple's trade dress. But this is just one example in a mountain of examples that just made it very clear what Samsung's intent was: to copy Apple's trade dress. This isn't a case of "well, all jet liners have to look similar because of aerodynamics!" LOL.

57even wrote:

T3 wrote:

57even wrote:

Not the first touch screen phone

http://www.mobilegazette.com/o2-xda-guide-08x12x17.htm

If you want to patent looks and packaging, then every maker of a current hatchback car would sue each other.

It's not about the touchscreen itself, and never was. Also, cars can have hatchbacks, but they can still be very distinct. And they are. But as far as automobiles go, Ferrari has sued companies in the past that sell body kits that are designed to turn certain sports cars into faux Ferraris or cars that look very much like Ferraris even though the Ferrari logos or badges weren't used on these kits.

Thats a COPYRIGHT infringement not a PATENT infringement. Please understand the difference. There are many detail differences between Iphones as S2s, including the buttons. They are no more alike than two laptops.

It all depends on how far you go, and clearly Samsung went too far with their design copying.

Only the in the US with a US jury against a Korean company. Pretty much a foregone conslusion. In the UK using "similar" styling is at the most a copyright issue but has little intellectual significance and is not patentable, any more than a logo. The UK is impartial.

Samsung did it so blatantly and so explicitly, while documenting how they were doing it in their own internal documents that it was a foregone conclusion that they would have been found guilty. I just don't see that kind of blatant copying being done with "every maker of a current hatchback car". Not even close.

Every hatchback, every laptop, every SLR, every jet airliner. What shape you would EXPECT a touch screen phone to be? You can't patent a rectangle.

It would have been one thing is independent designers independently came to the same design elements organically, but the Samsung internal documents clearly show that this was definitely not the case. I guess the moral of the story is, if you're going to blatantly rip off another company's design, don't document it so explicitly in your company documents showing your intent to rip off the designs in so much detail! LOL.

Design = COPYRIGHT, for heavens sake. A patent is an engineering technique not a styling job.

I don't think the people commenting here have even bothered to look at the evidence, the documents, and the extent to which Samsung willfully, intently, and clearly copied so many elements of Apple design. It wasn't merely a case of "Hey, we have a touchscreen too!" or "Hey, we have a hatchback too!"

See above. Only in the US.

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