U.S. Court Voids Apple’s Stupid “Trade Dress” Victory
Out of the $930 million judgment against Samsung, the appeals court ordered the court in San Jose to reconsider the $382 million portion awarded for trade dress dilution.Trade dress is a legal term for a trademark on the way a product is packaged or presented. As part of its case, Apple had accused Samsung of diluting its brand and connection with customers by copying the look of its phones.The appeals court said the features Apple sought to trademark were not eligible for this kind of legal protection because they relate to the functioning of the phone. To grant such protection would give Apple a monopoly on these features forever, the court said.
Boldfaced emphasis added by me.
Someone at Apple must have realized that trade dress victory would be overturned. Otherwise they would have sued Acer to remove the A1-830 from Best Buy, as they had the Samsung Galaxy Tab 7.7 banned Europe.
Let devices shaped like roundrects with center Home buttons flow.
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