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Print 85 comment(s) - last by michael2k.. on Jul 27 at 3:37 PM
Apology will have to wait for appeal to be heard

Adding to Samsung Electronics Comp., Ltd.'s (KSC:005930) legal woes this week, Apple, Inc. (AAPL) scored a stay of a London national court's order which would have required it to print apologies to Samsung on its website and in major newspapers.

The stay does not negate the decision, but it shelves it until Apple's appeal is heard in October.

Judge Colin Birss called Apple's design claims ludicrous, writing, "[The Galaxy Tab line] do not have the same understated and extreme simplicity which is possessed by the Apple design... They are not as cool."

Apple claims printing an apology would be tantamout to printing an advertisement for Samsung.  Its failed litigation, currently being appealed, is based on Community Design 000181607, which depicts a rectangular tablet:

Apple D'889 patent

It claims Samsung's tablets "stole" the look in that patent.  It is also appealing the London court's decision to invalidate three of its patents, software technology patents which it was also using to sue Samsung.

Source: Bloomberg


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Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 4:02:00 PM , Rating: 5
Apple...seriously. Whining like a little bitch.




RE: Grow the @#@# up...
By michael2k on 7/26/12, Rating: -1
RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 4:32:19 PM , Rating: 3
BlahBlahBlah....


RE: Grow the @#@# up...
By michael2k on 7/26/12, Rating: 0
RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 4:50:13 PM , Rating: 3
No, more like the "I don't give 2 shits what a iSheep has to say" defense. The ignorant one is the one who defends Apple no matter what. I am realist. Not a Sheep.


RE: Grow the @#@# up...
By michael2k on 7/26/12, Rating: -1
RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 7:03:39 PM , Rating: 3
Sorry, blindly defending a COMPANY who gives 2 shits about you, that's a sheep. Hence, you are a SHEEP. BAHHHH! BAHHHH!

I have ZERO loyalty to ANY company. Zero. Most certainly can not say the same for you.

BAHHHH! BAHHHH!


RE: Grow the @#@# up...
By michael2k on 7/26/12, Rating: -1
RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 7:51:03 PM , Rating: 1
quote:
I work in software. That means everything I touch (write/fix/ship) is copyrighted and protected.
Great for you. You are still a sheep. BAH! BAH!


RE: Grow the @#@# up...
By StevoLincolnite on 7/27/2012 3:10:24 AM , Rating: 2
quote:
Great for you. You are still a sheep. BAH! BAH!


Allot of people dislike Apple and it's overzealous defenders... But Common.


RE: Grow the @#@# up...
By hexxthalion on 7/27/2012 7:44:20 AM , Rating: 1
you are retard...


RE: Grow the @#@# up...
By Cheesew1z69 on 7/27/2012 8:10:35 AM , Rating: 4
Far from it....BAHHH BAHHH!


RE: Grow the @#@# up...
By bupkus on 7/27/2012 11:33:12 AM , Rating: 2
LMAO


RE: Grow the @#@# up...
By semiconshawn on 7/26/2012 6:32:40 PM , Rating: 2
Wrong. Your simply an anti isheep who attacks Apple no matter what. No difference. No better.


RE: Grow the @#@# up...
By seamonkey79 on 7/26/2012 6:56:53 PM , Rating: 2
Indeed... coin? Meet the other side of you...


RE: Grow the @#@# up...
By Dug on 7/26/2012 5:00:58 PM , Rating: 3
Nah, he's too short sited or has too little of an attention span to read the entire litigation.

It's easier to just say blah blah blah because he knows he's right.


RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 6:30:33 PM , Rating: 1
quote:
Nah, he's too short sited or has too little of an attention span to read the entire litigation.
Or it's because I don't have time to read over and jerk off in glee over every little thing Apple does like a few posters here, as my life and job take up the majority of my time.


RE: Grow the @#@# up...
By Dug on 7/26/2012 6:37:40 PM , Rating: 2
So you admit you didn't read it, so you make an uneducated comment. Good job.


RE: Grow the @#@# up...
By Tony Swash on 7/26/12, Rating: 0
RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 6:55:10 PM , Rating: 4
Oh look, King iDouche shows up... what's it like to be so far up Apples colon you can't see straight?


RE: Grow the @#@# up...
By bupkus on 7/27/2012 11:40:58 AM , Rating: 2
Maybe we can start a fund to collect money to buy him a pair of Google Glasses.
http://news.cnet.com/8301-13579_3-57481205-37/appl...

Hurry up and get them patents in!


RE: Grow the @#@# up...
By Cheesew1z69 on 7/27/2012 11:44:32 AM , Rating: 2
LOL!


RE: Grow the @#@# up...
By Digimonkey on 7/26/2012 6:39:16 PM , Rating: 2
quote:
Now I don't know if "registered community design" is akin to trademarks. I do know, however, that in other countries, like the US, Apple has sued Samsung for trademark and trade dress infringement: http://www.theverge.com/2011/04/19/apple-sues-sams...


I completely agree with what you said regarding the law on trademarks and possibly community design. However this does not change the fact that Apple registered this ridiculous simple and obvious design, but also wants to enforce it with a heavy hand.

Following the law or not; the hate for Apple is well earned in the tech community.


RE: Grow the @#@# up...
By Solandri on 7/26/2012 6:51:29 PM , Rating: 3
The UK case centers around a design patent, not a trademark.

Much like the the Selden patent, it looks like Apple wants to "own" the entire concept of a tablet. Thus the generic-ness of the design patent (the figure in the article is pretty much the entire thing), and their willingness to use it on a product with different size, aspect ratio, and with the non-Apple manufacturer's name emblazoned on it.
http://en.wikipedia.org/wiki/George_B._Selden#The_...


RE: Grow the @#@# up...
By Digimonkey on 7/26/2012 7:29:45 PM , Rating: 2
Actually no, it's a community design which falls between a US patent and a US trademark from my understanding.

Thanks for the history lesson. I was not aware of a patent on the automobile. Reading that however I'd say Selden had a better case than Apple.


RE: Grow the @#@# up...
By probedb on 7/27/2012 3:19:44 AM , Rating: 2
Except it's a UK case so why are you talking about US patents and US trademarks?


RE: Grow the @#@# up...
By michael2k on 7/27/2012 1:28:10 PM , Rating: 2
Maybe on the assumption that community design functions similarly to trade dress?


RE: Grow the @#@# up...
By foolsgambit11 on 7/26/2012 6:45:55 PM , Rating: 2
They may have to sue if they want to retain ownership of certain trade mark and trade dress rights, but the point people are trying to drive home is that they shouldn't have those trademark or trade dress rights, and if they let them lapse, everybody would be better off.


RE: Grow the @#@# up...
By michael2k on 7/26/2012 7:19:26 PM , Rating: 1
Why should Apple not have the right to own their trademarks? What's so special that they can't own the iTunes logo (https://www.google.com/search?q=itunes+CD+note+log... which has been in continuous use from 2001 until 2009:
http://paulgalbraith.com/itunes-10-icon

Trademark has a 5 year expiry, so that note over CD icon last seen in iTunes 9 in 2009 is still protected under trademark.

Meaning, of course, that Samsung has no right to use it as seen in their 2010 Galaxy Phone:
http://peanutbuttereggdirt.com/e/custom/Apple-vs-S...

The other icons, which Apple has also trademarked, are also protected since they have been used in the 2007 iPhone, until today.


RE: Grow the @#@# up...
By Digimonkey on 7/26/2012 7:50:35 PM , Rating: 2
I completely agree if they they there has been some trademark violation they should take it to court. If the court rules in their favor then Apple should demand they Samsung change their icons immediately and in a given reasonable time to do so.

Apple however would prefer to have loads of money awarded and competitor products banned for an indefinite amount of time...for using similar icons! You see it's not about Apple defending themselves from copiers, it's Apple using any means necessary to remove competition.


RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 7:57:32 PM , Rating: 2
quote:
You see it's not about Apple defending themselves from copiers, it's Apple using any means necessary to remove competition.
This is exactly what is happening. Except the Apple colon dwellers are unable to see this.


RE: Grow the @#@# up...
By Reclaimer77 on 7/26/2012 7:19:49 PM , Rating: 2
Michael just give it up man. One Tony is quite enough.


RE: Grow the @#@# up...
By michael2k on 7/26/2012 7:21:29 PM , Rating: 2
I will admit that I do not know if community design is analogous to trade mark and trade dress with regard to the "defend or lose it" philosophy, just like I admit that it was Samsung who sued Apple over the community design and not Apple who sued Samsung.


RE: Grow the @#@# up...
By sprockkets on 7/26/2012 7:39:57 PM , Rating: 2
IIRC they are not, at least not exactly. There are literally mountains of stupid community designs, even some that are slightly different designs of the iphone that apple filed for that made sure they could sue if someone even made it slightly different.

Microsoft has one with a person waiving at a screen. That's right, a hand wave.

And just remember this: They are not suing samsung over trade dress of the ipad, it is solely based on this community design, and its design patent here in the US. The trade dress suit dealt with the SG2.

Look at this though, and see how really, apple just built upon others concepts, even as they did with the original macbook.

http://www.phonearena.com/news/Samsung-claims-Appl...


RE: Grow the @#@# up...
By michael2k on 7/26/2012 7:46:32 PM , Rating: 2
What? No, they are suing over the icons (trademark) in iOS (found in both the iPad and iPhone as well as iPod touch and iTunes for Windows and Mac):
http://www.theverge.com/2011/04/19/apple-sues-sams...

Yes, your link definitely has merit with regard to design patents and community design, but it doesn't erase any of Apples trade mark nor trade dress (which covers the icons, packaging, artwork, and overall aesthetic) excepting the case where Apple itself has apparently infringed Sony's trade dress. I'm not certain that Samsung can argue this as a defense unless they are claiming, "We didn't infringe Apple's trade dress, we infringed Sony's trade dress!"


RE: Grow the @#@# up...
By Reclaimer77 on 7/26/2012 7:53:47 PM , Rating: 2
Look, how is using an icon that someone else claims belongs to them, incur "damages" exactly?

Please show me the person who picked a Samsung phone because their little microphone icon looks too much like Apple's. Really?

This is getting stupid! If you can't see that it's just an excuse by Apple to litigate their way to a monopoly at all costs, I don't know what to say.


RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 7:59:07 PM , Rating: 2
I know what to say...BAHHHH! BAHHHH!


RE: Grow the @#@# up...
By bupkus on 7/27/2012 11:49:54 AM , Rating: 2
Lol. Dude, how many beers are you up to?


RE: Grow the @#@# up...
By Cheesew1z69 on 7/27/2012 12:19:15 PM , Rating: 2
I don't drink ;)


RE: Grow the @#@# up...
By michael2k on 7/26/2012 8:16:49 PM , Rating: 2
Um, the damage is the dilution of Apple's brand.

This isn't about, "picked a Samsung phone because their little microphone icon looks too much like Apple's." That's not really what trademark is about. It's about "Samsung earned money that belongs to Apple because they used Apple's trademarked microphone icon, or something too close to Apple's trademarked microphone icon".

As per "litigate their way to monopoly", excepting for the fact that at best Samsung's Galaxy Phones only account for 30% of Samsung's phones and Samsung only account for about 40% of Android phones. At best, Apple's success would remove 12% of the competition, leaving Apple with 28% and Android with 58% instead of 63%. Even factoring a win against HTC, that's still Apple at 29% and Android at 57%.

Samsung's Galaxy Series only accounts for 78m or so phones over the past two years. Android is, what, 350m phones?


RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 8:19:32 PM , Rating: 3
quote:
It's about "Samsung earned money that belongs to Apple because they used Apple's trademarked microphone icon, or something too close to Apple's trademarked microphone icon".
LOLOLOLOLOLOLOLOLOL

God..please, just stop. My lord...


RE: Grow the @#@# up...
By bupkus on 7/27/2012 11:54:29 AM , Rating: 2
quote:
It's about "Samsung earned money that belongs to Apple because they used Apple's trademarked microphone icon


I'm glad you can laugh but reading this just made me wanna punch him in the face.


RE: Grow the @#@# up...
By Cheesew1z69 on 7/27/2012 11:57:14 AM , Rating: 2
Oh, believe me, I would LOVE to punch in the face. He is really stretching with his retarded arguments.

Like this one....

http://peanutbuttereggdirt.com/e/custom/Apple-vs-S...

He honestly believes these are similar...


RE: Grow the @#@# up...
By Reclaimer77 on 7/26/12, Rating: 0
RE: Grow the @#@# up...
By michael2k on 7/27/2012 11:29:02 AM , Rating: 2
Sorry it hurts you so much. That's how trademark infringement works.

You go around selling a Mocky Mice t-shirt with a brown furred mouse and see how far you get before Disney steps in.

Even Pixar got hit:
http://www.bigscreenanimation.com/2009/11/luxo-law...

They had an agreement for using the lamp in videos/animation, but not for making lamps, and for that they got sued.


RE: Grow the @#@# up...
By bupkus on 7/27/2012 12:00:09 PM , Rating: 2
quote:
Sorry it hurts you so much. That's how trademark infringement works.
Are you now offering free legal advice?


RE: Grow the @#@# up...
By Motoman on 7/26/2012 7:51:28 PM , Rating: 2
Apple should have had the common decency to never had sought getting such moronic patents.

The patent office should be staffed by people not moronic enough to issue such patents.

Apple should have the common decency not to use their moronic patents to troll other companies with.

The entire system is f%cked to even let things start this process - and Apple is simply too happy to abuse the system to gain market advantage.

F%ck Apple and every other patent troll in the world. Let everyone ban everyone else, and when no one can sell anything, tear apart the utterly ineffectual patent system and rebuild something that makes some f%cking sense.


RE: Grow the @#@# up...
By darkhawk1980 on 7/27/2012 7:37:48 AM , Rating: 2
Just gonna put this out there, since you obviously didn't read the article above....

This article had NOTHING to do with trademarks. Only patents. Get your retarded trademark/trade-dress argument and shove it up your bupkiss where it belongs. Arguing a point that has nothing to do with the article not only makes you look like a moron, it just further proves how much of an Apple fanatic you are. If you want to argue something relevant, how about arguing that Apple's patents are valid? Even though everyone knows and agrees they are not, it would at the very least be relevant to the article.

Course, I guess logic and reasoning might be lost on this one....


RE: Grow the @#@# up...
By bupkus on 7/27/2012 12:13:56 PM , Rating: 2
I'm very sorry but you have used a word that is either exactly like or too similar to my DT identifier. The offending word was "bupkiss". Any money you have earned by the use of that word is owed to the legitimate bupkus patent owner, that being bupkus himself that being me.
I accept most major credit cards, Google Checkout and even PayPal. No post dated or personal checks please.

Thank you for doing business with another Apple wannabe.
Have a nice day.


RE: Grow the @#@# up...
By retrospooty on 7/27/2012 12:20:32 PM , Rating: 2
LOL +1


RE: Grow the @#@# up...
By masamasa on 7/26/2012 5:50:28 PM , Rating: 2
Exactly - man up and innovate, not sure you bottom feeders.


RE: Grow the @#@# up...
By aurareturn on 7/26/2012 6:28:45 PM , Rating: 2
Man up or innovate. Ok, where did Google innovate with their Android iOS?

Android copied every single fundamental feature from the iOS.

I'm writing this on my Nexus Galaxy. I'm not a fanboy but even I could see that Apple clearly innovated while Google/Samsung copied what Apple did and only improving on it.

/puts flamesuit on


RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 6:32:17 PM , Rating: 2
quote:
Android copied every single fundamental feature from the iOS.
Time to put on the wading boots, shit's getting deep in here.


RE: Grow the @#@# up...
By aurareturn on 7/26/2012 6:37:05 PM , Rating: 2
When the current Android form first came out, it was like a Chinese-counterfeited version of the iOS. It was slow, buggy, crashed a lot, and tried to do almost everything that the iOS did.

Liste, I like my Galaxy Nexus and I love the competition but don't act like Google/Samsung didn't straight up copied all of the fundamental features of the iOS.

Also, I don't want to get into arguing about how Apple stole a feature from a 1985 device. I'm not that old and not that geeky.


RE: Grow the @#@# up...
By foolsgambit11 on 7/26/2012 6:49:23 PM , Rating: 2
And Apple copied the design philosophy of many embedded systems to create iOS. They put some nice gloss on it, thought.


RE: Grow the @#@# up...
By aurareturn on 7/26/2012 7:20:41 PM , Rating: 1
Nothing like the iPhone ever came out. Now 5 years later, every phone is like the iPhone.

Coincidence?


RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 7:22:30 PM , Rating: 4
My S3 is nothing like the iphone... it's better...


RE: Grow the @#@# up...
By Cheesew1z69 on 7/26/2012 6:52:51 PM , Rating: 3
quote:
but don't act like Google/Samsung didn't straight up copied all of the fundamental features of the iOS.
Um...right...


RE: Grow the @#@# up...
By Reclaimer77 on 7/26/2012 8:08:06 PM , Rating: 2
quote:
Ok, where did Google innovate with their Android OS?


1. The revolutionary notification center of Android was a part of it from day one, nobody had done notifications like that before and eventually the competitors had to give in and adopt a similar style.

2. Over the air updates - now a standard throughout all platforms in the world this was something introduced by google from day one.

3. Widgets, Android first, copied by others later.

4. Free turn by turn navigation, once again something that we now see is being copied by competitors.

5. Social network integration - once again now a standard for all platforms!!

6. Multitasking. It took iOS three years to finally do multitasking, and it's still not on par with Android.

7. Drop Down Notifications - Android first, blatantly copied by Apple in iOS 5

8. Wireless Syncing - There are several Android apps out there that let you sync your music, movies, contacts, etc. with your computer over your home's Wi-Fi connection. And they've been around almost since Android's beginning. The iPhone finally got sync with iTunes wirelessly iOS 5.

9. Opening apps from the lock screen - Android skins like HTC's sense have allowed that for years. Another iOS 5 feature stolen from Google

10. Custom Wallpapers - For the first three years of the iPhone's existence, you were stuck with the plain black background on their home screens. (Unless they jailbroke, of course.) It wasn't until the 2010 launch of iOS 4 on the 3GS and iPhone 4 that you could finally choose any photo you wanted for your background. Meanwhile, Android phones have had customizable backgrounds long before iPhone. Android phones also allow animated wallpapers.

11. Voice Recognition - Google Voice was built into Android WAY before Siri came along.

And I'm sure way more. Yeah you said it, man up and innovate.

quote:
Android copied every single fundamental feature from the iOS.


Let's see your list of fundamental features that first appeared on iOS. Back your trolling up.


RE: Grow the @#@# up...
By retrospooty on 7/27/2012 10:11:43 AM , Rating: 3
LOL... I guess you told him!

I am gonna save that list and shove in Tony, Tester, m2k's face when they whine about Android copying Apple. snick snick snick


RE: Grow the @#@# up...
By Reclaimer77 on 7/27/2012 10:18:28 AM , Rating: 2
:D Good luck getting them to listen to reason


RE: Grow the @#@# up...
By Cheesew1z69 on 7/27/2012 10:24:23 AM , Rating: 2
They don't care to reason...it's obvious.


RE: Grow the @#@# up...
By michael2k on 7/27/2012 11:32:56 AM , Rating: 2
This from someone who's posts mostly contain "Bahh bahhh"?

You're a hoot.


RE: Grow the @#@# up...
By Cheesew1z69 on 7/27/2012 11:40:16 AM , Rating: 1
And your a complete fucking retard.... that much is obvious.


RE: Grow the @#@# up...
By retrospooty on 7/27/2012 11:10:31 AM , Rating: 1
"Good luck getting them to listen to reason"

Oh, no... Its not about getting them to listen to reason, its about shutting them the fuck up.

Invariably when you post something like that that clearly shows how they/Apple are simply wrong they stop posting. This way they can "act" like they dont know and then weekls later post the same crap as if they arent aware they are full of shit. This is why I will keep it.


RE: Grow the @#@# up...
By michael2k on 7/27/2012 11:38:14 AM , Rating: 2
When did I whine about Android copying Apple?

Android uses very different icons, animations, graphics, and apps than Apple.

It's Samsung, not Android, that has been alleged to copy Apple.

The patents, which are a different game, are lame and don't deserve the kind of power they have. I think if you've registered a software patent then it should be mandatory for compulsory licensing for the cost of registration.

In other words, since Apple has a "universal search" patent and it cost $4k to register, anyone should be able to license it for $4k. I'll even be generous and say Apple can profit off the patent and say it costs 10x to license, so Samsung, HTC, Google, et al can license the patent for $40k each. Since software is digital there should be no "per device" fees, just a one time license per company, non transferable (meaning Google's license is independent of Samsung).


RE: Grow the @#@# up...
By retrospooty on 7/27/2012 12:13:44 PM , Rating: 2
"When did I whine about Android copying Apple?"

Not you specifically, its just that you are part of the crowd that thinks Apple can do no wrong, and it 100% right in all matters always.

Or are you not saying that? Is it OK to you that Apple copies all of those things, those highly funtcional useful things, or is a similar looking icon more important?


RE: Grow the @#@# up...
By michael2k on 7/27/2012 12:42:29 PM , Rating: 2
I'm not sure what you're asking.

I don't think "Apple can do no wrong". I think their glued in batteries are stupid and a recycling hazard since punctured batteries can catch on fire. I think software patents are ill conceived, after being convinced of it with some discussion on this and other forums.

I think copying is good, in that it improves all products and makes the world a better place, but that some copies are legal and others aren't. Copyright and Trademark allows for people to profit from their work (such as DailyTech and their blogs, or TheOatmeal and their comics, etc), and as such I do believe Apple should get the protection of Copyright and Trademark in this case. Yes, the similar looking icon is more important than the patents, since patents don't actually require work.

On the flip, I think software patents should be compulsorily licensed because they take no work. It's easy to copy software and Apple needs to treat it the same way they treat music on the iTunes store. Charge a nominal fee per patent to profit from them, as intended, but not at the exclusion of others from using them.

Everything else is a gray area to be negotiated. Design patents sit in between the two, and it can be argued both ways that some things are in Apple's favor (see Gucci vs Guess as an example) and others aren't (I don't think all Galaxy phones run afoul of Apple's trade dress, but some do).

Why do you vilify me for thinking Apple's designs deserve some protection?


RE: Grow the @#@# up...
By retrospooty on 7/27/2012 1:08:10 PM , Rating: 2
OK, At least you can look at it objectively. I lumped you in with Tony and Tester, so I take it back.

"Why do you vilify me for thinking Apple's designs deserve some protection?"

Apple is the absolute worst company in the tech world at copying others. They do it more than any other tech company I have ever seen. that is all fine though, all companies do it and Apple does push higher standards forward (for example higher res LCD's, Apple started it and everyone else is forced to raise the bar). Apple is great at that... But for Apple to be suing other companies for the same behavior is just disgusting and I am sick and tired of hearing it and really sick and tired of seeing people defend their behavior. Apple and their lawyers have manipulated the flawed patent system to their advantage and is behaving like a schoolyard bully. If you can defend that type of behavior then I think you need to have your head examined.


RE: Grow the @#@# up...
By michael2k on 7/27/2012 1:26:36 PM , Rating: 2
I think you have to accept that this is the system we live in and buy 10 AAPL stock when it drops to $500.

Apple is legally allowed to be a schoolyard bully under the current IP regime. Not only that they are required to be if they want to keep their trademark and trade dress. There's a 5 year "use/defend or lose it" counter before they lose all rights to a trademark or trade dress.

At least in the US the first four claims against Samsung are trade dress and trademark; those are the strongest and most enforceable claims. You have to go all the way down to claim 7 before you get to the much hated software patents, and claim 14 to the design patents.

In other words, all the hubub over the "copy of the black slab" is literally Apple's weakest claim, and all the brouhaha over Apple's stupid software patents are only at the half-point of their list.

The claims Apple will most likely win on aren't being discussed, at all; trademark and trade dress.


RE: Grow the @#@# up...
By retrospooty on 7/27/2012 2:10:15 PM , Rating: 2
So in other words, its perfectly OK for Apple to copy others and then "go thermonuclear" when others copy Apple.

Whether or not the system is broken and what Apple did is legal is not the issue. Of course its legal, but that doesnt make it right, and it doesnt make them any less hypocritical.


RE: Grow the @#@# up...
By michael2k on 7/27/2012 3:34:17 PM , Rating: 2
You're rush to confirm your internal biases is undeserving.

It's OK for anyone to copy everyone, so long as copyright and trademark isn't infringed. You cannot create a Mocky Mouse t-shirt excepting for parody or fair use, Samsung cannot create similar icons or artwork to others, Apple cannot create similar icons or artwork to others.

Note that Samsung freely created S-Voice and S-Cloud, and have done nothing wrong in doing so, just like Apple created Notifications and Google created a multitouch Android (barring patent infringement, of which I already explained myself against).


Apple stole the design from Star Trek: TNG
By hosps on 7/26/2012 4:14:49 PM , Rating: 1
Not sure how Apple gets away with saying they came up with the idea in 2004 when TNG clearly showed the concept back in the early 90's.

Apple needs to get off this Patent troll kick they are on and just go back to stealing ideas again.




RE: Apple stole the design from Star Trek: TNG
By Dug on 7/26/2012 4:56:48 PM , Rating: 2
What ideas are they stealing? I mean I saw so many tablets that looked like the ipad before it came out. Same with smart phones.

And do you know how many patent litigation's are currently going on by companies all over the world? Are they all patent trolls or just Apple?


By retrospooty on 7/26/2012 5:48:38 PM , Rating: 3
"What ideas are they stealing?"

They stole the whole "put an OS and app on a phone" thing from Palm and RIMM, they stole a ton of tech from Palm that went in the original iPhone, they stole the notifications from Android, they steal constantly, just like all companies do... the only difference, it Apple is bassackwards with it. It's fine when Apple copies others, but when others copy Apple, its a major issue.


By Dug on 7/26/2012 5:07:58 PM , Rating: 1
If anything Samsung is the one that keeps coming out with designs that mimic others.


RE: Apple stole the design from Star Trek: TNG
By Shadowself on 7/26/2012 5:09:10 PM , Rating: 2
The idea is neither patentable nor able to be copyrighted nor able to be trademarked. Anyone and everyone can legally steal ideas anytime they want.

It is the specific implementation of an idea that you can legally protect.

Apple's claim (whether warranted or not is another matter) is that their implementation of the tablet idea can be protected from anyone else doing something similar.

People need to start realizing this whole set of lawsuits going back and forth is about what the litigants claim are specific implementations. These lawsuits have absolutely NOTHING to do with the general idea of a tablet based computer.


RE: Apple stole the design from Star Trek: TNG
By Camikazi on 7/26/2012 6:13:23 PM , Rating: 2
What specific implementation are they protecting when they get the 7 inch Tab that looks nothing like their iPad banned? That suit is cause it's a tablet, cause there is absolutely no way at all they are implemented the same way considering the size difference doesn't make that possible.


RE: Apple stole the design from Star Trek: TNG
By michael2k on 7/26/2012 6:19:40 PM , Rating: 2
Well, they've trademarked specific icons, as well as registered the trade dress of the packaging and device. Those specific implementations can be protected (and are specifically called out in the suit):
http://www.theverge.com/2011/04/19/apple-sues-sams...


By Cheesew1z69 on 7/27/2012 8:17:11 AM , Rating: 2
You have said that at least, half a dozen times now in this very thread. We get it....


RE: Apple stole the design from Star Trek: TNG
By Camikazi on 7/27/2012 9:41:59 AM , Rating: 2
Hardware and software trade dress claims

a rectangular product shape with all four corners uniformly rounded;

the front surface of the product dominated by a screen surface with black borders;

as to the iPhone and iPod touch products, substantial black borders above and below the screen having roughly equal width and narrower black borders on either side of the screen having roughly equal width;

as to the iPad product, substantial black borders on all sides being roughly equal in width;

How is that NOT saying they own the shape of a tablet? Tablets will always be rectangles with borders around the screen because of the limitations of the screen and to make sure it doesn't shatter if it falls on it's edge. Rounded edges are there for comfort for the consumer and they are not the first to do it either. That trade dress thing basically fits most every tablet out there just because that is the basic shape of tablets.

This is not the same as suing eMachines way back when because of the iMac, that was a real suit since nothing looked like the iMac and it was not limited to that shape because of the technology. Tablets are limited to rectangles since that is the shape of LCD screens, borders will always be there since it helps protect the tablet and allows for more interior space. The rounded edges and curved back are there for comfort and that can be seen in other products as well (lots of phones and even some older tablets were this way).


By Cheesew1z69 on 7/27/2012 10:04:56 AM , Rating: 2
Why bother, they don't care or nor listen. They think Apple is correct no matter what.


By michael2k on 7/27/2012 3:37:26 PM , Rating: 1
I'll be honest, they will probably lose that claim. It's weak.

Which is why I brought up trademark and the other trade dress claims, which are pretty strong. There's really no point in talking about claims that Samsung will win; that's Apple being a dick to even put them in the suit.

The real claims that will win are the packaging, the artwork, and the icons, all of which are strongly protected by copyright and trademarks.


By TSS on 7/27/2012 8:49:25 AM , Rating: 2
Clay Tablets.

'Nuff said.


figures
By mchentz on 7/26/2012 3:40:21 PM , Rating: 2
SSDD




"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser











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