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For trade dress infringement the design elements can't serve a utilitarian purpose. So clocks and price tags used as icons to convey meaning don't count.
by learc83 14y ago
For trade dress infringement the design elements can't serve a utilitarian purpose. So clocks and price tags used as icons to convey meaning don't count.
- citricsquid 14y agoI'm not arguing the legitimacy of the lawsuit, I'm arguing that Garry and ToM are being disingenuous claiming that fab.com are just trying to shut down their competition, when it's quite clear to me (and others here) that the style of ToM is copied from Fab.com. Whether or not they will win in court is irrelevant, what matters is that what Fab.com is claiming (ToM copied them) is (in my opinion) an accurate claim.
- learc83 14y ago>claiming that fab.com are just trying to shut down their competition Their lawyers know that they most likely aren't going to win this--they're just trying to force them to pay legal costs they can't afford. In essence they are pursing a fairly frivolous lawsuit for the sole purpose of removing competition.