Linked by Thom Holwerda on Wed 4th Jan 2012 18:28 UTC
PDAs, Cellphones, Wireless Hold on to your panties, because this should come as a surprise: I'm actually agreeing that Samsung is copying Apple. The Korean company just released a new entry-level Android smartphone, and it's called the Samsung Galaxy Ace Plus. While Apple's previous complaints regarding Samsung's supposed copying were obviously nonsense, this Galaxy Ace Plus, on the other hand... It's almost as if Samsung is giving Apple the finger by copying the iPhone 3G(S) almost verbatim.
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Hmm
by leos on Wed 4th Jan 2012 23:12 UTC
leos
Member since:
2005-09-21

Is it a 1:1 copy? Of course not. When that happens it's called counterfeiting, not trademark infringement.

Are they close enough that they could be mistaken for each other at first glance? Perhaps. Although I think the fact that it says Samsung on the front makes it a bit less egregious.

Obviously this design is a bit too "inspired" by Apple, but I think it's about as valid as an infringement as anything else they've been sued about: not very.

As long as they don't market in a way that makes it confusing, I think it should be fair game.

You want infringement? This is it: http://www.allaboutindia.org/wp-content/uploads/2011/12/micromax_a7...

Reply Score: 5

RE: Hmm
by unclefester on Thu 5th Jan 2012 04:19 in reply to "Hmm"
unclefester Member since:
2007-01-13

Is it a 1:1 copy? Of course not. When that happens it's called counterfeiting, not trademark infringement.


It isn't copyright infringement or counterfeiting and is perfectly legal.

I can make an exact copy of a Rolex Submariner watch and as long as I don't use the Rolex markings or logo or a similar name it is perfectly legal. In fact dozens of companies make legal Rolex "homages" (replicas) including the world's two largest watch companies Seiko and Citizen.

Reply Parent Score: 3

RE[2]: Hmm
by leos on Thu 5th Jan 2012 04:52 in reply to "RE: Hmm"
leos Member since:
2005-09-21

I can make an exact copy of a Rolex Submariner watch


An exact copy includes the name. If it doesn't include the name, it's not an exact copy.

Reply Parent Score: 2