Linked by Thom Holwerda on Mon 30th Jul 2012 19:38 UTC, submitted by tupp
PDAs, Cellphones, Wireless It might be a cliche, but sometimes, a picture says more than a thousand words. Over the years, I've often talked about how the technology world is iterative, about how products are virtually always built upon that which came before, about how almost always, multiple people independently arrive at the same products since they work within the same constraints of the current state of technology. This elementary aspect of the technology world, which some would rather forget, has been illustrated very, very well in one of Samsung's legal filings against Apple.
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RE: To posters in general
by lemur2 on Wed 1st Aug 2012 03:51 UTC in reply to "To posters in general"
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The main issue is that Samsung created their products so that people will see them and think they are an Apple device. Even Samsung's lawyers couldn't tell them apart.

It's not just the hardware. It's the visuals on the devices themselves. They purposely tried to make their devices look as much as possible like the iPhone/Touch/iPad.

We know what to look for, if someone where to cover up the hardware part, to tell if it is an Apple device or something else. A lot of people can't tell though.

I've more than a couple of people tell me they had an Samsung iPad. That is their words. They were things they couldn't figure out and showed it to me. They weren't happy with the device and were complaining about it. They were shocked when I told them it wasn't an iPad.

Note: The people bought them at Best Buy. They had gone in and said they wanted an iPad. The person acted like it was an iPad when they bought it. They took them back and got their money back then went to an Apple store and bought iPads. They are happier now.

This is a trademark issue, or trade dress issue. It has nothing to do with patents.

If this anecdote is true, then Apple may have a case against the store and the salesman who was trying to pass off a Samsung tablet as an iPad. Samsung themselves do not try to pretend their tablets are iPads. There is no case against Samsung. The Samsung tablets bear none of Apple's trade dress. Insofar as Samsung tablets do seem similar to iPads, this is due only to the fact that Samsung are making a competing tablet device, and it has to look like that.

Just as GM cars look superficially like Ford cars, because they are both cars, this does NOT mean that Ford gets to sue GM. Competition is an essential feature of a capitalist economy, the economy wouldn't function well at all if no competing products were allowed.

Apple simply doesn't win this case by throwing a hissy fit and saying "Samsung gear looks a bit like our gear". Not going to happen. Is that clear?

Edited 2012-08-01 03:52 UTC

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