Apple Demands Recognition As A Patent Troll

Samsung has radically altered the appearance and layout of the Galaxy Tab for Germany calling the new model Tab 10.1N and putting a different bezel and speaker location on it. Still this does not satisfy Apple and it has demanded another injunction. This time the courts should tell Apple to go away and quit bothering people. If I were on the court, I would refer the matter for anti-competitive examination. It’s just silly what Apple is doing. There’s no way it’s making any friends in the world doing this and when the world stands up to Apple, it will be selling iThingies from a cart in Shanghai.

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4 Responses to Apple Demands Recognition As A Patent Troll

  1. Clarence Moon says:

    A design patent is for a “new, original and ornamental design for an article of manufacture” and is intended to protect an article’s distinctive appearance. In many cases, the designer’s trademark is incorporated into the design, i.e. Louis Vitton’s fleur-de-lies or the Rolex crown on a watch, and that is legal protection against copying.

    In the case of Apple’s iPad, the notched apple logo would similarly seem to me to be the only thing that they could really hang their hat on as being distinctive, but all they have to do is convince a jury that a big, squarish picture frame tablet is likely to be an iPad when viewed from a distance and anything that looks the same is an infringement. Jury’s being somewhat unpredictable puts a lot of fear into the defendants here.

  2. gewg_ says:

    It’s good that Clarence mentioned Gucci. Patents and copyright don’t apply to the fashion industry (only trademarks). With only that limited “intellectual property” protection, however, they manage to make buckets of money.
    Too bad things aren’t moving in THAT (more limited) direction.

  3. Kozmcrae says:

    Good one Clarence, Apple is trying to patent ‘snob appeal’. I like that.

  4. Clarence Moon says:

    At some level, Apple’s principal image is that of being stylish and chic. The iPad is/was a distinctive item and Apple is defending that basic appearance. It is cosmetic only, but their complaint is the same as for any snob appeal product such as by Gucci or other designers. Instant recognition that the item is the real McCoy is important to Apple’s overall marketing success.

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