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You'd be right, but it wasn't "similar" design. They weren't sued because it was a black rectangle. This is closer to flipping the Pepsi logo upside-down and s
by karlshea 14y ago
You'd be right, but it wasn't "similar" design. They weren't sued because it was a black rectangle.
This is closer to flipping the Pepsi logo upside-down and selling cola, then bitching about how unfair the patent and trademark system is.
- ajross 14y agoThe iPhone's design is mostly functional, it's not artwork like a logo. You can't copy a logo for clear reasons. A closer analog would be selling, say, a cola in a 12 oz. blue, red and white can with white lettering: http://goo.gl/q5k8n http://goo.gl/q5k8n
- karlshea 14y agoWell, it sort of is like artwork since they registered the design patent. At a glance, the RC Cola can doesn't look like Pepsi. Some of the Samsung phones do however look like iPhones, and infringe on all of the conditions mentioned in the patent. This case mirrors the eMachines case where they were selling something that looked pretty similar to an iMac.
- PGenes 14y ago"sort of is like artwork" isn't artwork.