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I'm sorry if someone's already beaten me to this, but I think you'll find that Mr. Gruber was being sarcastic. He was pointing out that Samsung's argument that it's "just black rectangles" seems to be at odds with the "crisis of design" that these "black rectangles" caused them.
 
Respectfully, you don't have any idea what you're talking about.

Here are the U.S. Government's criteria for evaluating trademark violation allegations:

1. Strength of the mark
2. Proximity of the goods
3. Similarity of the marks
4. Evidence of actual confusion
5. Marketing channels used
6. Type of goods and the degree of care likely to be exercised by the purchaser
7. Defendant's intent in selecting the mark
8. Likelihood of expansion of the product lines

By your standard, one could take the Apple logo and flip it so the "bite" is on the other side, slap it on a computer, call it "Mapple" and operate freely. I mean, it's not identical, right?

If you want to be ridiculous - sure.
 
It looks like both expert witnesses from Apple just performed like a clown compared to the money they got.
 
I don't understand how a former APPLE designer Susan Kare could be used as an expert supposedly neutral witness. Even so, if she picked up a Samsung phone and thought it wa an iPhone she's anything BUT an expert. Jeez. :rolleyes:

Susan Kare designed icons for the original Macintosh, which was released in 1984. 28 years ago. Surely she is still in Apple's pocket.

In reality, this is a woman who created some extraordinary designs. Iconic designs :D . And questioning her expertise just makes you look very, very sad. Her expertise is not "keeping similarly looking phones apart". Her expertise is design, especially creating families of icons that follow the same design language and match together.


I'm looking forward to the "I was confused" treatment being used more in litigation actions. C'mon Sue, is that the best you can come up with, I picked up a Samsung and thought it was an iPhone. Like you wouldn't w=say that otherwise, would you? :rolleyes:

For all I know, there is no way she would say that in court if it wasn't the truth. Are you suggesting otherwise? In other words, are you suggesting that she committed purjery in court? Are you?
 
So what? Is Apple going to ban Galaxy phones and demand Sammy pay $4 billion or what? Why should Apple get any more cash, they already have made their fair share of profits and then some!

You hear that, Apple shareholders? Your company has already made enough money. Give another company a chance, meanies.
 
Funny. Now that they are all side to side - it's apparent that Samsung's green is different. Their phone is at a different angle and has a 3d effect and the background is different.

You might not like the similarity. But as far as an actual trademark violation - I see none.

Here's a quick google search of "green phone icon" - looks like a lot of people should be sued by Apple, right?

I am ashamed that ever settled down with you. I should have shut up and discussed with people who are submissive and try to rationalize rather than simply defend a corporation.

Again, you are an anti-apple freak on this forum with all apple products; more than me and more than anyone here on these forums. I wish I could use the 't' word, but I'm afraid, I don't wish to be banned.

Too much in denial. Too much defensive. Enjoy your anti-apple hate!

Cheers!
 
If you want to be ridiculous - sure.

It's not much of a stretch. One mark is a corporate logo, the other is a product logo. Both are equally protected under U.S. trademark laws.

In my somewhat facetious example (flipping the Apple logo around), you'd actually be changing the image more than Samsung did on, say, the music icon.
 
If you knew who Susan Kare was you wouldn't dismiss her so easily.

Let me guess she is probably a blind or an idiot or both, well unless Apple put their hands deep in their pockets and gave some love to this woman(apple shares anyone or simple cash). to confuse an iphone with a samsung is stupid plain and simple.
Sorry guys but apple in this case is like a slime for me,yes there are phones that have similarities with the iphone so freaking what,they are phones FFS if all manufacturers did the same before apple can you imagine where would we be STILL?
This has nothing to do about creativity but more like "we are losing market share do something" ok we will "SUE the bastards sue sue sue".
Samsung phones even if some are similar in the front write "samsung" on the back the same and this woman confused the samsung phone with an iphone,yea right no wonder she is not working ifor apple anymore, btw with what iphone model she confused it with did they mention?
 
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Was there actually an exchange where Apple's lawyers wanted to admit it, Samsung objected, and then Apple said basically, well, they opened the door so in it goes? Man, if it was admitted based on a slip up like that....


This is the kind of stuff that kills me...there's not even the faintest inch towards fairness even after multiple evidence rollouts that clearly spell out that Samsung et. al had no clue and no interest in making pocket computers with phone capabilities until after Apple designed one and started displacing their products in the market by the hundreds of thousands. A lot of people simply don't care that the Android phone is a stolen design from top to bottom, because their too busy trying to condemn Apple for something.
 
Well it's more than that. The major complaint is that it causes customer confusion. That people might buy a Samsung device either thinking it's an Apple or that it's just as good as an Apple.

I'm more than willing to let the courts decide. At the end of the day - I don't care who wins. Actually that's not true. I think that if Apple wins - the industry as a whole is a little worse off for several reasons. But I'm not against Apple winning.

Agreed regarding the lawsuit. I couldn't care less who wins. But I am not so sure the average person would be able to tell the difference between the two. That argument is moot here on these boards, however.
 
Crisis. Ha !

So samsung decided to simply mimic the iPhone icons too.

http://www.appleinsider.com/article...legedly_show_samsung_copied_iphone_icons.html

12.08.06-iPhone.jpg


12.08.06-Contacts.jpg


12.08.06-iTunes.jpg


12.08.06-Notes.jpg

I'll say that the music icon and notes icons are obviously made to look SIMILAR on purpose, but that in itself doesn't mean infringing. I will never understand how people can seriously believe that Apple invented the color green and angled headpiece for the phone function. Didn't you ever see a phone before 2007? The color green and angled headpiece was as standard as something can be. The only thing unique about the Apple icon is the 45 degree striping and Samsung hasn't copied that.

Secondly, I'm pretty sure Apple wasn't the first to use an icon looking like a folder with a human silhouette for a contacts database.

The music is hands down, because of the colour choice, obviously an attempt to look similar (again, doesn't necessarily mean infringement)
Same with notes, although I'm sure I think icons that is simply and all skeumorphism should be trademarkable in the first place.

Go to the App Store and type in "Notes" or "Contacts" and you will be hundreds of different ways. Why is it the same design and colors had to be used by Samsung?

Red/yellow is the same colors as brown/beige to you?
 
Obviously I can understand fanboyism and passion for certain companies and products.

What I can't understand is how anyone of sound mind can come in here and argue that Samsung's icons as presented in this case aren't a complete and obvious ripoff of Apple's. Good grief.

That's not fanboyism. That's complete ignorance or denial.

Honestly, almost everyone using Android out there (I said 'almost') will come out and say anything against Apple. This is understandble to an extent given most active and verbose Android fans don't like Apple or their products.

But it is hell lot of surprising that they defend almost anything that is made or supported by Android or Google. Moreover, they will simply defend anything if the argument is between something-Android Vs Apple. It's no surprise now.

And they call us sheep!
 
Honestly, almost everyone using Android out there (I said 'almost') will come out and say anything against Apple. This is understandble to an extent given most active and verbose Android fans don't like Apple or their products.

But it is hell lot of surprising that they defend almost anything that is made or supported by Android or Google. Moreover, they will simply defend anything if the argument is between something-Android Vs Apple. It's no surprise now.

And they call us sheep!

Those icons look similar. Are they similar enough for a lawsuit? That's for a court to decide. However, Apple is turning to thuggish tactics with all the recent suing going on.
 
The music is hands down, because of the colour choice, obviously an attempt to look similar (again, doesn't necessarily mean infringement)

No, that does necessarily mean infringement. It specifically meets the following criteria for infringement:

- Proximity of the goods
- Similarity of the marks
- Evidence of actual confusion
- Marketing channels used
- Type of goods
- Defendant's intent in selecting the mark

Just because you don't think it amounts to infringement doesn't change U.S. trademark laws.
 
I don't understand how a former APPLE designer Susan Kare could be used as an expert supposedly neutral witness. Even so, if she picked up a Samsung phone and thought it wa an iPhone she's anything BUT an expert. Jeez. :rolleyes:

In case case, if Apple wins this ridiculous lawsuit I will never buy an Apple product again. I really mean that.

We care.
 
So lets say you open up an electronics store, call it Best Buy. You design the store with bold blue and yellow. Your logo is a big yellow Merchandise ticket. You do your market research and find that setting up your store with big open space, computers on the right, tv's in the back, appliances on the left are the best possible layout. You become very successful. Then some other company opens up another electronics store, uses your same blue and yellow, uses a merchandise tag as their logo, sets up the stores to look exactly like yours... wouldn't you be peeved?
 
This is the kind of stuff that kills me...there's not even the faintest inch towards fairness even after multiple evidence rollouts that clearly spell out that Samsung et. al had no clue and no interest in making pocket computers with phone capabilities until after Apple designed one and started displacing their products in the market by the hundreds of thousands. A lot of people simply don't care that the Android phone is a stolen design from top to bottom, because their too busy trying to condemn Apple for something.

Even though Android was announced way before iOS was even thought of? How exactly can it be stolen 'top to bottom' when its had around 3 complete UI overhauls since V1, and had a beta UI in 0.x that resembled its 1.0 release (i.e the 1.0 design that came AFTER iOS was the same design that was used in the previews of Android BEFORE iOS, thus making it physically impossible for it to be a 'top to bottom' stolen design.

Obviously Android has had evolutionary changes, but to call it completely stolen is ignorance at its best. If it was stolen, it would be identical to iOS...it's design, UI and UX couldn't be any further from iOS if it tried.
 
Red/yellow is the same colors as brown/beige to you?

Apparently you don't know much about color mixing. Do you know what red + yellow mixed together produce? Orange. Add a little blue into your orange and you get brown. Now, they are not identical colors, but just slightly tweaked color sets.
 
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