It would really be interesting if someone on MR got called to be a juror at one of these lawsuits and kept us up to date with what's happening![]()
https://twitter.com/inafried
She's giving live updates from the courtroom.
It would really be interesting if someone on MR got called to be a juror at one of these lawsuits and kept us up to date with what's happening![]()
Actually - Samsung's biggest problem are notes from Google stating that Samsung's devices look similar to Apple's and they urge Samsung to do something about it.
I can see Apple's point that the post-iPhone Samsung phones are identical to the iPhone's design, but these lawsuits are getting ridiculous and making Apple look bad in a lot of people's eyes. I don't get why Apple is focusing on Samsung so much, pretty much every smartphone out there now is an iPhone ripoff.
Click the link at the bottom of the article and read.
“Apple accuses Samsung of diluting Apple’s Registered Trade Dress No. 3,470,983. This trade dress relates to the iPhone. Apple also accuses Samsung of diluting two unregistered trade dresses relating to the iPhone. Finally, Apple claims that Samsung has diluted and infringed its unregistered trade dress relating to the iPad.
“For each of Apple’s trade dress dilution and infringement claims, the first issue you will have to decide is whether the Apple trade dress is protectable. An asserted trade dress is only protectable if the trade dress as a whole is both distinctive and non-functional.
“For Apple’s dilution claims, the next issues you will decide are whether Apple’s trade dress was famous before Samsung started selling its accused products, and whether Samsung’s accused products are likely to cause dilution of the asserted Apple trade dresses."
- Judge Koh
"The mark consists of the configuration of a rectangular handheld mobile digital electronic device with rounded silver edges, a black face, and an array of 16 square icons with rounded edges. The top 12 icons appear on a black background, and the bottom 4 appear on a silver background.
- The first icon depicts the letters "SMS" in green inside a white speech bubble on a green background;
- the second icon is white with a thin red stripe at the top;
- the third icon depicts a sunflower with yellow petals, a brown center, and a green stem in front of a blue sky;
- the fourth icon depicts a camera lens with a black barrel and blue glass on a silver background;
- the fifth icon depicts a tan television console with brown knobs and a gray-green screen;
- the sixth icon depicts a white graph line on a blue background;
- the seventh icon depicts a map with yellow and orange roads, a pin with a red head, and a red-and- blue road sign with the numeral "280" in white;
- the eighth icon depicts an orange sun on a blue background, with the temperature in white;
- the ninth icon depicts a white clock with black and red hands and numerals on a black background;
- the tenth icon depicts three brown-gray circles and one orange circle on a black background with a white border, with the mathematical symbols for addition, subtraction, multiplication, and the equal sign displayed in white on the circles;
- the eleventh icon depicts a portion of a yellow notepad with blue and red ruling, with brown binding at the top;
- the twelfth icon depicts three silver gears over a thatched black-and-silver background;
- the thirteenth icon depicts a white telephone receiver against a green background;
- the fourteenth icon depicts a white envelope over a blue sky with white clouds;
- the fifteenth icon depicts a white compass with a white- and-red needle over a blue map;
- the sixteenth icon depicts the distinctive configuration of applicant's media player device in white over an orange background."
So when a touch screen phone takes the world by storm, such as the iphone did, of course everyone will implement touch screens.
Apple, how many ways do you expect a touch screen phone to look like? Apple is overreaching and it coms off to me that they think they should be the only ones able to use a pure touch phone![]()
Uh ? When did this even happen ?
Because Rob Enderly pretended so ?
Eric resigned from Apple's board because he would recluse himself from meetings about iOS, the iPhone and the iPad. The problem was that these meetings became more and more prevalent.
Apple, Steve Jobs, no one ever accused Eric of anything. Only forum goers and Apple media shills do.
Didn't Apple invite hime before they stared their multi-faceted competition (mobile OS, desktop OS, Web documents, and now even ads and mapping)? And didn't Eric choose to leave once his company entered in earnest many of the areas Apple was already a major force in?What about the fact that it was Apple that invited him in the first place? What about the fact that he would recluse himself from meetings where his position at Google placed him in a conflict of interest?
Why ignore some of the facts that don't support the theory? Why must Eric Schmidt be some evil guy?
The point is: there is no "design" here! That's simply how the phone MUST look like if it's going to have a touchscreen in place of a keyboard (without intentionally going crazy with shapes for no good reason).
copy of what?![]()
But I am not surprised seeing this sort of post from you.
counter point is Samsung was really only making WinMobile smart phones before hand and that OS just was not really designed for a good touch interface.
I can see Apple's point that the post-iPhone Samsung phones are identical to the iPhone's design, but these lawsuits are getting ridiculous and making Apple look bad in a lot of people's eyes.
Yes, people should definitely read and understand the jury instructions. The part about trade dress (aka the look) is especially pertinent to this thread:
So, what the heck is Trade Dress #3470983 ? It's this design trademark, which of course was written to be quite specific to the iPhone:
View attachment 350881
Have you ever seen the back of a white iPhone 3GS?
Here, let me jog your memory:
Image
I assume that's a personal dig, but I'll chalk it up to your being hurt by the truth.![]()
really? these images again? They've pretty much all been debunked. But I guess some won't let it go.
I have zero respect for the corrupt company Samsung is and hope Apple wins.
That's not gonna go far as an argument in light of Samsung's internal documents about the F700 design, it's 2006 design registration, and frankly, their entire brief :
http://www.osnews.com/story/26230/Samsung_reveals_its_pre-iPhone_concepts_10_touchscreen_devices
Maybe Apple's lawyers should have familiarised themselves with this little nugget :
View attachment 350866
Seriously, do Apple's lawyers even read court briefs ? This is gonna be interesting.
It's quite obvious Samsung copies Apple in almost everything:
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
They claim to be sole industry innovators? Correction, they have brought technologies to the industry that have been ripped off by others. There are essential patents, clearly which each and every manufacturer uses. Last time I checked making your phone look like an iPhone is only essential when you can't come up with original ideas.
Image