4 ms·

The great thing about comments like this one are that they help me identify whose opinion not to take seriously in the future. Not being able to distinguish th

The great thing about comments like this one are that they help me identify whose opinion not to take seriously in the future. Not being able to distinguish the difference between copying multiple distinctive elements of trade dress (yellow back AND yellow front border AND uniform grey front) and inadvertently using a particular color anywhere on the product is really quite an amazing feat.

mindslight 13y ago
Yep, any use of hyperbole forever invalidates everything someone says. FWIW, there's only two "elements" (the back and border are one piece), and their distinctiveness is specified in terms of basic colors one learns in elementary school. The ability to monopolize a general two-tone color scheme on a durable tool that someone may use every day is outright ridiculous.
- fancyketchup 13y ago
  It may be the case that the two pieces of plastic are "yellow back and border" and "grey front cover, " but having any other color on the back invalidates the infringement claim. If they had done a yellow border with grey sides and back, they would not have infringed. If they had done yellow back and grey front (with no border) they wouldn't have infringed. If the had done yellow front and grey back without border or yellow front and back with grey border they wouldn't have infringed. There are all sorts of ways to make a yellow and grey multimeter that don't infringe on Fluke's trade dress. Fluke isn't monopolizing a general two-tone color scheme: They are monopolizing a specific arrangement of two colors, and that is an eminently reasonable thing to do. This is a little like arguing "Well, copyright shouldn't exist because you shouldn't get a monopoly on just some general words." But that's a strawman--you can only obtain a copyright on a specific arrangement of general words.

4 ms·

The great thing about comments like this one are that they help me identify whose opinion not to take seriously in the future. Not being able to distinguish th

by fancyketchup 13y ago

mindslight 13y ago
Yep, any use of hyperbole forever invalidates everything someone says. FWIW, there's only two "elements" (the back and border are one piece), and their distinctiveness is specified in terms of basic colors one learns in elementary school. The ability to monopolize a general two-tone color scheme on a durable tool that someone may use every day is outright ridiculous.
- fancyketchup 13y ago
  It may be the case that the two pieces of plastic are "yellow back and border" and "grey front cover, " but having any other color on the back invalidates the infringement claim. If they had done a yellow border with grey sides and back, they would not have infringed. If they had done yellow back and grey front (with no border) they wouldn't have infringed. If the had done yellow front and grey back without border or yellow front and back with grey border they wouldn't have infringed. There are all sorts of ways to make a yellow and grey multimeter that don't infringe on Fluke's trade dress. Fluke isn't monopolizing a general two-tone color scheme: They are monopolizing a specific arrangement of two colors, and that is an eminently reasonable thing to do. This is a little like arguing "Well, copyright shouldn't exist because you shouldn't get a monopoly on just some general words." But that's a strawman--you can only obtain a copyright on a specific arrangement of general words.