2 ms·
Yep, quite correct. The actual court language is: “if, in the eye of the ordinary observer, giving such attention as a purchaser usually gives, two designs ar
by pwg 15y ago
Yep, quite correct. The actual court language is:
“if, in the eye of the ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other, the first one patented is infringed by the other.” (Gorham Co. v. White, 81 U.S. 511, 528 (1871)) (From http://www.applepatent.com/2011/04/apple-v-samsung-design-patents-egyptian.html http://www.applepatent.com/2011/04/apple-v-samsung-design-pa...).
The patents are actually on the iphone, but in light of the '2001 pads, rectangular thin pad like devices with display areas across nearly the entire front are not novel.