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Can trade dress even be used in this type of situation? The illustrations were part of an advertising campaign, not a product or packaging design. Trade dress lawsuits typically involve claims that consumers could be confused as to which product they were buying.
 
Britto's looking for some quick settlement money. It'll just come down to which is cheaper: paying lawyers in court to win the case or paying Britto to settle.
 
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Britto will never win this. The images Apple used are not copied, but used in the style of Britto, which is obviously influenced by Picasso.
 
Some people are funny

Some probably spend days watching Apple, Google, Microsoft, Starbucks (you name it) web site to find something to sue this guys for. Anyways, good PR for the Waterlogue app:)
 
I wonder if Lichtenstein's estate would like to sue Craig & Karl as a direct influence. As with music, design is just iterated and copied as a base for new design. Fact of life.
 
Isn't the fact that they have the line "artwork by Craig and Karl" a huge element to this?

I understand where you should be able to sue if someone creates art and tries to pass it off as your work to profit off your "brand", but the fact that you can clearly see in the example artwork in this article that they displayed it with the artists names that they were not trying to fool anyone.
 
Brito's work is repetitive, predictable, and too commercial.
If anything, Apple gave Britto a free product placement.
His work was interesting 30 years ago while it still was a novelty.

Britto should just get an App for that and move on.
 
Let me save you all time from reading the forum comments:

Because it's a lawsuit against Apple, nobody here will see the likeness. How dare you Craig & Karl-you must have penetrated Apple security and stole it from them their idea vault! Down with you!

Image
Man, you're really invested in this!
 
Britto's looking for some quick settlement money. It'll just come down to which is cheaper: paying lawyers in court to win the case or paying Britto to settle.

Dude, Britto created a trend that works and a bunch of people are copying, at least he now can suit this copycat.

It is not the same that one dude says thing about you behind your back than saying them on national television. Britto can not led people run over him in that way and Apple should know better than that, chose the original artist.
 
art begets art... this is the way of things.. its all been done before.. if you're greedy and have an ego and you didn't market yourself well enough you're not getting a piece of the pie...... that simple
 
Brito's work is repetitive, predictable, and too commercial.
If anything, Apple gave Britto a free product placement.

Britto should just get an App for that and move on.
His work was interesting 30 years ago while it still was a novelty.

No, that is the problem, is advertising the other guy. And NOW is when Britto is having more exposure.
 
Let me save you all time from reading the forum comments:

Because it's a lawsuit against Apple, nobody here will see the likeness. How dare you Craig & Karl-you must have penetrated Apple security and stole it from them their idea vault! Down with you!

I don't understand what you're saying. Craig & Karl aren't being accused of stealing anything from Apple. They're being accused of infringing the rights of this Britto artist, whoever that is.

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I wonder if Disney gets royalties?

Of course they do. It's silly to even suggest they don't. Disney are an enormous corporation, as are Apple. They'd have every leg to stand on if Apple refused to pay copyright royalties to Disney for blatant use of their Mickey Mouse character. There is so clearly a deal here between Apple and Disney.
 
this must be why apple needs that nest egg.

It's much easier to get sued and settle out of court than it is to acquire the rights for something up front, even though its more costly.
 
I own many Britto pieces. Britto is hugely popular with Disney. I thought the Apple images were Britto. IMHO he has a case and will get a settlement through his ties with Disney.

His style, again, to me, is very distinctive and popular. I don't see how any one should be allowed to copy that at such a high level such as Apple. Street venues, graffiti artist, mom & pops, then ok. But a company like Apple? No, you gotta pay.

To those that say you can't defend a style, rounded corners??? It happens.
 
yeah, pathetic lawsuit.

trust me.

I'm usually very critical of Apples business practices.

but this aint one of them. You can't copywrite and art style. Anyone who ever considered themselves an artist (and not just someone doing it for profit) will tell you that styles are often borrowed upon and you learn this way.

Some of the greatest artists of all time have been inspired and resemble their masters who taught them. it's called inspiration. you can't copywrite this.

now if Apple outright stole the art itself and used it, fine. But "style" is not something you can sue over.
 
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