Analysis of Apple's Lawsuit Against Samsung, Includes iOS Device Sales Numbers

[kdarling]

feel free to point out how difficult it is to see any similarities...

Choosing icons that have taken on universal meanings and thus are similar, is quite a bit different from direct copying, of which we see none.

The closest ones in that group are probably the phones, and yet if you search for a phone icon on the web, or even on cell phone buttons, probably a quarter of them are slanted. Moreover, green is an extremely common color for the primary phone button, which is why Apple chose it themselves.

The use of rounded square icon backgrounds is a bit more damning, but still a style choice. Also, Apple's has a shadow and my Fascinate doesn't have the rounded square on most anyway.

Btw, I have noticed that Apple hasn't tried to claim ownership of the twirling wait symbol, but a lot of us were using that before they were.

I think Apple might have much better luck showing that the Galaxy phone shape greatly resembles the 3GS.

 

[paul4339]

You mean it's not an Apple? But it's ok for Apple to sue and Australian grocery store because they think the letter W looks like their logo? LMAO. Please.

I think this was because Woolworth (Australian supermarket giant) applied for a blanket trademark that allows it to apply it's logo on anything - especially competing electronic goods, computers, music players, and branded phones. (I'm not saying it's right, just surfacing some more details)

P.

 

[KnightWRX]

I think Apple might have much better luck showing that the Galaxy phone shape greatly resembles the 3GS.

Depends on which model. The AT&T/Rogers Galaxy S Captivate hardly ressembles the iPhone :

I'm also hard-pressed to see how the Nexus S comes even close :

Let's not even go there with the Epic 4G :

Yet they are all included in the complaint...

 

[Mattie Num Nums]

Depends on which model. The AT&T/Rogers Galaxy S Captivate hardly ressembles the iPhone :

I'm also hard-pressed to see how the Nexus S comes even close :

Let's not even go there with the Epic 4G :

Yet they are all included in the complaint...

Of course. Apple invented the phone, the computer, the GUI, the mouse, etc etc etc.

 

[kdarling]

Okay, Knight, you're right. Even the Verizon Galaxy S has more buttons and a patterned back, with a rectangular lens and flash area. Not to mention a WVGA AMOLED screen.

But it does have a chrome trim ring and the back is curved for comfort!

Yeah, Apple is reaching a bit here.

 

[ChazUK]

The Galaxy S phone with the closest and most striking resemblance to the iPhone is easily the international i9000 version.

 

[KnightWRX]

Yeah, Apple is reaching a bit here.

I'd say even the icon grid claim is reaching. The pictures shown all show the Android application drawer. The actual home screen on Galaxy S devices, what shows up after unlocking, is not the icon grid with a dock. You have to dig into the phone to get to the grid of icons, which frankly again has been shown to be a pretty standard phone UI. Older Palm/Sony models had the "icon grid" UIs in their phones also. :

Let's face it, the "icon grid" has been a UI for quite a while now :

 

[Mattie Num Nums]

I'd say even the icon grid claim is reaching. The pictures shown all show the Android application drawer. The actual home screen on Galaxy S devices, what shows up after unlocking, is not the icon grid with a dock. You have to dig into the phone to get to the grid of icons, which frankly again has been shown to be a pretty standard phone UI. Older Palm/Sony models had the "icon grid" UIs in their phones also. :

http://www.mobiledia.com/reviews/sonyericsson/t610/images/front.jpg[/tim]
[img]http://www.mobileincanada.com/images/unlock/att-palm-treo-600.jpg

Let's face it, the "icon grid" has been a UI for quite a while now :

I pointed out the Grid layout many times in the other thread and was told that wasn't part of the lawsuit. If it is than Apple isn't just stretching... they are being idiotic.

Another thing to mention to is that Androids/Samsungs homepage may look similar but is in fact a lot different. When was the last time you could place a widget on the home screen of iOS?

 

[KnightWRX]

I pointed out the Grid layout many times in the other thread and was told that wasn't part of the lawsuit. If it is than Apple isn't just stretching... they are being idiotic.

According to the analysis, it is in the suit, as part of the trade dress claims.

 

[dba7dba]

After reading some of the lawsuit, I had to post this..

http://pk.funnyseoul.com/2010/11/galaxy-tab-released/

Are you aware that Apple copied the ibooks GUI from another software vendor? I remember seeing it years (like in G4 era) before ipad was out, before iBook. It was for keeping inventory of books on a mac.

I'm not gonna bother going looking for the link/screen shot but trust me, that look was used by another software vendor, BEFORE apple used it. And of course that's one reason this wasn't mentioned in the suit I'm assuming.

Edit:
Actually here it is.

http://www.delicious-monster.com/

Won apple design award in 2005. And when was iBooks introduced?

 

[AppleScruff1]

I think this was because Woolworth (Australian supermarket giant) applied for a blanket trademark that allows it to apply it's logo on anything - especially competing electronic goods, computers, music players, and branded phones. (I'm not saying it's right, just surfacing some more details)

P.

I think you are correct. Still ridiculous, IMHO. The Woolworth logo was a fancy W.

 

[cmaier]

According to the analysis, it is in the suit, as part of the trade dress claims.

Not as a separate thing. It's the grid IN COMBINATION with the other things that constitutes the trade dress.

 

[KnightWRX]

Not as a separate thing. It's the grid IN COMBINATION with the other things that constitutes the trade dress.

Then it sure doesn't apply to all models then if the trade dress claim is an AND'd combination. Is the trade dress claim only applicable to certain models in the ones listed in the complaint ?

 

[cmaier]

Then it sure doesn't apply to all models then if the trade dress claim is an AND'd combination. If the trade dress claim only applicable to certain models in the ones listed in the complaint ?

The trade dress claims do not list specific models.

Specific models ARE shown for illustration purposes in the background portion of the document, however.

 

[JAT]

Not at all. I'm only showing where Apple has done what they don't like being done to them. Only a die hard defends them at all cost.

No, only an irrational person defends them at all cost. A die hard is one who puts up with occasional mistakes in the products.



Did threads just get merged again? Because the last dozen posts are complete rehashes of earlier posts.

 

[dethmaShine]

I'd say even the icon grid claim is reaching. The pictures shown all show the Android application drawer. The actual home screen on Galaxy S devices, what shows up after unlocking, is not the icon grid with a dock. You have to dig into the phone to get to the grid of icons, which frankly again has been shown to be a pretty standard phone UI. Older Palm/Sony models had the "icon grid" UIs in their phones also. :

Let's face it, the "icon grid" has been a UI for quite a while now :

And all of them had a dock too? And the page change notifier and similar styled icons?

People fail to understand that Apple isn't suing for grid layout. They are suing for the entire phone which looks just like an iPhone. Simple.

 

[AppleScruff1]

No, only an irrational person defends them at all cost. A die hard is one who puts up with occasional mistakes in the products.



Did threads just get merged again? Because the last dozen posts are complete rehashes of earlier posts.

Then we have a lot of irrational people here. A lot of people put up with an occasional mistake here and there.

 

[kdarling]

The Galaxy S phone with the closest and most striking resemblance to the iPhone is easily the international i9000 version.

Cool. Okay here's a video comparison side by side with a 3GS outside in the sun.

From the side, the Galaxy i9000 cannot be mistaken for a 3GS, I'd think. And boy is the Samsung's screen larger:

 

[gnasher729]

No they werent, what apple describes was already shows and build BEFORE iphone. If any apple basicly admits they copied it themselves and should get sued.

Who says? Some people refer to the Samsung F700, but that was shown for the first time a month after the iPhone, and released about five months after the iPhone. (Faked images by Android fanboys won't count in court).

 

[ten-oak-druid]

These ipad clone tablets made by samsung are not worth the price.

 

[k995]

Seriously the iPhone looks like Prada? I'd got to be blind to not notice that.

The google nexus s looks like an iphone? I'd got to be blind to not notice that.

yet the same criteria apple uses can be used on the prada.

But glad to see you find those arguments rubbish.

The only similarity is the rounded corners and even the rounded corners look very different.

What exactly is similar if I may know?

Rows of icons?

Dock at the bottom of screen?

Capacitive screen (prada was the first btw)

Button at the bottom, speaker above camera at the same place ,...

Enough simularities as the current charges of apple against samsung/htc and google .

 

[KnightWRX]

The trade dress claims do not list specific models.

Which tells me somebody botched it. Does it impact damage claims if Samsung decides to present one model that doesn't bear any ressemblance to the iPhone like the ones depicted above ?

Or can Apple amend to add specifity to the claim ?

Or is it moot in the eyes of the court and would only apply when calculating damages if a decision is done in favor of Apple ?

 

[cmaier]

Which tells me somebody botched it. Does it impact damage claims if Samsung decides to present one model that doesn't bear any ressemblance to the iPhone like the ones depicted above ?

Or can Apple amend to add specifity to the claim.

They don't need to amend. This is a federal pleading so the standard is whether it puts Samsung on notice. This is a different standard than state courts, where they would have to be much more specific. Eventually they will have to prove which models are accused. Looks to me like the complaint is fine.

 

[KnightWRX]

They don't need to amend. This is a federal pleading so the standard is whether it puts Samsung on notice. This is a different standard than state courts, where they would have to be much more specific. Eventually they will have to prove which models are accused. Looks to me like the complaint is fine.

So all that is left is to discuss the actual merit of the trade dress claim, of course, something that will in the end be up to the judge.

We can use pictures all we want, something tells me Samsung is just going to bring in devices into the courtroom. Pictures can be misleading as certain angles/shots might make ressemblances show up that aren't quite there.

Also, it remains to be seen how much the judge will accept generic things like "rounded corner", since I don't think I've ever had a phone without rounded corners and how much in the end, he decides that the devices to ressemble or not each other.

Do you know of someone that looked up the icon trademarks on the USPTO site ? Did Apple even register them (I know you don't have to, unless you want punitive damages) ?

 

[radiohead14]

These ipad clone tablets made by samsung are not worth the price.

you forgot to say "in my opinion".. please don't speak for everyone.