Decision in Apple v. Samsung Appeal Lowers Apple's Damages Award

[kdarling]

So they violated design patents but not trade dress? What's the difference?

After reading more of the judgement, I have to add to my previous post about Apple losing awards for unregistered trade dress.

Turns out that Apple also lost the trial's infringement award for a registered piece of trade dress, their trademarked (US registration 3470983) group of icons shown here:



In fact, the appeals court didn't even bother to look at Samsung's arguments on this topic. They didn't need to.

Apple's law firm was defeated by their own experts' claims that these were easily recognizable icons, arranged in a space-saving grid, in order to "promote usability".

All of which means that the icons and the grid arrangement are functional design elements (NOT decorative), and therefore as a group do not make up any protectable trade dress.

--

Hmm. I wonder if that's why Apple came up with that bizarrely shaped default cluster of unlabeled round icons on the Apple Watch. It'd be difficult for someone to say it was obviously functional. Or has Apple claimed that design promotes usability?

 

[cocky jeremy]

Thanks I almost bought an S6, that would have been bad..


Samsung should really be forced to package their phone in circular packages or triangular ones.

If you think the shape of the box is the only thing that's almost a direct copy, you need your eyes checked.

 

[cfedu]

If you think the shape of the box is the only thing that's almost a direct copy, you need your eyes checked.

I almost forgot that they copied the iphone 6 box design, one is blank in front and the other has

Samsung
Galaxy
S6

on the front.

If you truly believe that the S6 Box is an iPhone knock off, you are a true Apple apologist. Not only do you think about invented rectangular phones but that they also invented a rectangular box. I think you need to get your head checked.

 

[Glideslope]

If the situation is no so different, will you stop repeating this nonsense?

For a free case of Poutine a myriad of possibilities could exist.

 

[ksuyen]

As usual, Samsung big company bullying a much smaller company. Just because you sell more phones, does not make you entitle to steal from lesser company such as Apple, Samsung!

 

[Palladium SG]

As usual, Samsung big company bullying a much smaller company. Just because you sell more phones, does not make you entitle to steal from lesser company such as Apple, Samsung!

Source not exactly confirmed but:

http://www.gsmarena.com/samsung_galaxy_s6_shipments_surpass_10m_behind_schedule-news-12322.php

That's some major embarrassment for Samsung right there if the S6 is selling even worse than their own S5.

 

[RenoG]

Is the color white copyrighted?

Ha! Even though there are a million other colors to choose from, I'm sure this is exactly what was said by the Samsung marketing team.

 

[cube]

Ha! Even though there are a million other colors to choose from, I'm sure this is exactly what was said by the Samsung marketing team.

And why didn't Apple choose one of those and trademarked it then?

I see why sDevice boxes look like wood now.

 

[rjohnstone]

And why didn't Apple choose one of those and trademarked it then?

I see why sDevice boxes look like wood now.

The Note 4 and S6 boxes are white, not wood.

 

[cube]

The Note 4 and S6 boxes are white, not wood.

Image

Image

OK, I haven't seen the latest boxes.

I don't really like the wooden ones, maybe focus group at work.

 

[RenoG]

To be honest I like the new Samsung boxes better, I like the typography. Although apples iPhone box is cool it's like, very sterile as in nothing to look at here.
See what I mean:

 

[tbrinkma]

Trademark, copyright, whatever.

Car, boat, whatever.

Trademark and copyright are not interchangeable. They have totally different requirements, restrictions, and gotchas.

 

[cube]

Car, boat, whatever.

Trademark and copyright are not interchangeable. They have totally different requirements, restrictions, and gotchas.

You read comments too literally.