Ironic that such a suit would originate under Chinese copyright law. But by American trademark standards, it is blatant infringement. Apple will say it's a coincidence. It mighta BEEN accidental, though that's irrelevant; it's still infringement. Seriously, though... Some little flunky in Apple's design department had a deadline, but spent the night drinking. Under pressure, they copied the A-thingie off his orange hat, rounded the korners and slipped it past their unhip boss. I ran creative teams; I know how it works -- those little pukes always tried to flim-flam me.
Apple could publicly apologize for the "misstep," profusely thank Kon for bringing it up, albeit in a public forum. And then ask Kon to substantiate the economic damage in units that failed to sell because customers thought Kon was Apple's App Store. Kon mighta had something on punitive grounds, but economics will be really difficult because, in fact, no one confuses clothing with software. Furthermore the A-like signet doesn't stand for "Apple." For Apple, it's just a throw-away hieroglyph, whereas it's important to Kon.
Apple has a chance to play fair publicly, garner some goodwill in the process and then switch back to the better, more clever Ruler-Pencil-Brush icon.
The NEXT whippersnapper who tries this, though, should get an iMissile down the old sweatshop chimney. Don't want to risk leaving a mistaken impression that Apple can't steal stuff if they feel like it.
not making enough money?
