3 ms·

Isn't that what dilution of trade dress is?

• belorn 14y ago
  The jury did find Samsung guilty of diluting the trade dress, but their reasoning was this: If the phone has space between the edge of the screen and the edge of the phone, then a consumer could be confused into thinking it is an iphone. Thats it. That was the test. If you have some space at the bottom of the phone thats not part of the screen, go to jail and dont pass go. Samsungs argument is that the space is functional, ie, serve a functional purpose, and thus make the bazel invalid as a trade dress for the iphone. Requirement for being granted trade dress is that it does not serve a utility or function outside of creating recognition in the consumer’s mind. Take a stop sign and its color red. Can the color red become trade dress for signs? The answer is no, as the color serves a second purpose, which is that red is associated with danger/attention required information. Since the color now has a function, it can not be trade dress.