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"From the picture in the article, the 4x4 with a bottom 4x1 fixed row is clearly a rip of" Didn't we do this dance over two decades ago? Wasn't it decided back

"From the picture in the article, the 4x4 with a bottom 4x1 fixed row is clearly a rip of" Didn't we do this dance over two decades ago? Wasn't it decided back then that you can't patent look-and-feel? I don't really understand how this is different.

danudey 15y ago
I think the real issue is that it's possible, at a glance, to confuse the Samsung phone with the iPhone; the home screen is very similar, the form factor is very similar, the icon colours are very similar, etc. Given that no other handset manufacturer (other than iPhone knockoffs) makes a phone that looks so close to an iPhone in pretty much every way, it seems obvious that Samsung is trying to replicate the design. The article also mentions that packaging is part of the suit, which could be another problem for Samsung if it's true.
- chopsueyar 15y ago
  How is it obvious they are trying to replicate the design? I am sure you have seen many designs inspired by other designs (websites, cars, buildings, movies). Perhaps other handset manufactures (besides Samsung) do not have the fabricating expertise to create a thin phone with rounded edges profitably? Even at a glance, if both phones are next to another, you couldn't figure out which one was the iPhone, especially with an Apple logo and the word 'iPhone' on the back?
  - Locke1689 15y ago
    If literally the only thing distinguishing your product from one of the most identifiable brands in the world is a subtly changed brand logo, you have a legal problem.
    - chopsueyar 15y ago
      There are many things distinguishing this product from Apple's. The entire user experience of the device is different. Does it require iTunes? Does it run iOS? Can you buy Apple iOS apps for it, or music from the iTunes store. PS I saw you like bluegrass. Check them out: http://bcbcsb.com/ http://bcbcsb.com/
  - rbanffy 15y ago
    > How is it obvious they are trying to replicate the design? Do you really believe they arrived at a design that's really close to Apple's by accident? With all possible design choices they had, why pick this specific one?
prewett 15y ago
You can patent artistic design with a design patent, though: http://en.wikipedia.org/wiki/Design_patent http://en.wikipedia.org/wiki/Design_patent I'd guess that's why the patents are labeled 'D790, etc. instead of just '790 patent.
Steko 15y ago
"Didn't we do this dance over two decades ago?" No. A different dance for sure. "Wasn't it decided back then that you can't patent look-and-feel?" No. Good luck with your McDowell's franchise. "I don't really understand how this is different." Try harder. The differences are fairly obvious. The result may end up the same though.

danudey 15y ago

I think the real issue is that it's possible, at a glance, to confuse the Samsung phone with the iPhone; the home screen is very similar, the form factor is very similar, the icon colours are very similar, etc. Given that no other handset manufacturer (other than iPhone knockoffs) makes a phone that looks so close to an iPhone in pretty much every way, it seems obvious that Samsung is trying to replicate the design. The article also mentions that packaging is part of the suit, which could be another problem for Samsung if it's true.

chopsueyar 15y ago
How is it obvious they are trying to replicate the design? I am sure you have seen many designs inspired by other designs (websites, cars, buildings, movies). Perhaps other handset manufactures (besides Samsung) do not have the fabricating expertise to create a thin phone with rounded edges profitably? Even at a glance, if both phones are next to another, you couldn't figure out which one was the iPhone, especially with an Apple logo and the word 'iPhone' on the back?
- Locke1689 15y ago
  If literally the only thing distinguishing your product from one of the most identifiable brands in the world is a subtly changed brand logo, you have a legal problem.
  - chopsueyar 15y ago
    There are many things distinguishing this product from Apple's. The entire user experience of the device is different. Does it require iTunes? Does it run iOS? Can you buy Apple iOS apps for it, or music from the iTunes store. PS I saw you like bluegrass. Check them out: http://bcbcsb.com/ http://bcbcsb.com/
- rbanffy 15y ago
  > How is it obvious they are trying to replicate the design? Do you really believe they arrived at a design that's really close to Apple's by accident? With all possible design choices they had, why pick this specific one?

prewett 15y ago

You can patent artistic design with a design patent, though: http://en.wikipedia.org/wiki/Design_patent http://en.wikipedia.org/wiki/Design_patent I'd guess that's why the patents are labeled 'D790, etc. instead of just '790 patent.

Steko 15y ago

"Didn't we do this dance over two decades ago?" No. A different dance for sure. "Wasn't it decided back then that you can't patent look-and-feel?" No. Good luck with your McDowell's franchise. "I don't really understand how this is different." Try harder. The differences are fairly obvious. The result may end up the same though.