4 ms·
you are as confused as Apple legal. Apple's true problem when Samsung "crossed a line" isn't copying: it's brand confusion. The moment Samsung decided that th
by its_so_on 14y ago
you are as confused as Apple legal. Apple's true problem when Samsung "crossed a line" isn't copying: it's brand confusion. The moment Samsung decided that they would sell units by being literally confused for an Apple device that one already knows closely is when they started accruing damages they should now pay Apple in order to make the situation equitable.
This is like Wendy's deciding: "Fuck being third. From now on our logo will be a minimalist W, but upside down, and yellow, and we will not be happy with its form until customers start streaming in at the same rate they do to a McDonald's."
Everyone who brings in prior art is missing an issue. When I first saw an iPad, I wasn't like: "Oh, a Star Trek pad!" But I did look at an iPad and say, oh, an iPad: it was a Samsung designed to confuse the customer into thinking that it was one, by infringing on iPad's design very closely.
Let's be honest. It would have been easy for Samsung to take all the design cues it wanted from Apple while adding enough of their own design so as not to cause confusion. But they chose not to do that. They chose to be confused for an iPad.
Even the lawyers on the case mistake one for the other. But they think that this "confusion" is just an effect of the infringement damage. It's not: it's the source of the infringement damage.
- Blara 14y agoI guess I'm some sort of über Mensch, but I have no difficulty at all to separate an iP* for a ditto samsung version...
- tjoff 14y agoThe problem is that for a lot of people there is only one smartphone. So if a phone has a large screen it is an iPhone, makes it kind of hard to design a smartphone that doesn't look like... a smartphone. Just as for many an "iphone compatible car" is the same as "it has a 3.5mm socket". For those that honestly are confused I guess they should be really happy about LCD TVs, otherwise they might have ended up with a microwave oven in their living room (yes, it is that ridiculous). (wait a minute, glass surface, four corners, Electrolux should be afraid)
- its_so_on 14y agomeh. for me the iconic style of LCD/TV is the Samsung style. No one copied it too closely for me ever to be confused and think a TV was a samsung. In fact, this is true for Audis and BMW's that kind of look like an iconic Mercedes, and so on. There are lots of products that take design cues, none of them have ever actually confused me. Except Samsung's iPhones (less so recently) and Samsung's iPads (very much still.) I'm talking about "at a glance" or the briefest moment of confusion, as a highly informed consumer. Never happened with anything else. Doesn't happen with Samsung's current phones.
- deleted 14y ago[deleted]