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posted by CoolHand on Wednesday May 20 2015, @03:52PM   Printer-friendly
from the round-em-up dept.

One of the findings of the Federal Appeals court on Monday in the Apple vs Samsung affair, was that "trade dress" doesn't matter if some element of it has actual functionality.

According to CNN Money:

Patent law states that designs can be only be protected if they serve a non-functional purpose. Think about the placement of logos. The court said the shape of the iPhone, on the other hand, is functional. Specifically, the appeals court found the iPhone's rectangular body, with its rounded edges, improves how easy it is for people to slip the phone in and out of pockets. The shape also improves the durability of the device.

You would expect this would be an end of years of Rounded Corners jokes. But somehow, I suspect this will become an internet meme that will be with us for decades.

The story goes on to point out that not only is the trade dress tossed out, even the bulk of the penalty for other infringements, (calculated by a jury, apparently out of thin air) will have to be re-adjudicated by another jury.

 
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  • (Score: 4, Insightful) by Megahard on Wednesday May 20 2015, @05:11PM

    by Megahard (4782) on Wednesday May 20 2015, @05:11PM (#185598)

    Everyone with an appendix owes me money.

    Okay, so it's not my design. But I thought of it first. And that apparently is what counts.

    Starting Score:    1  point
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       Insightful=1, Interesting=1, Total=2
    Extra 'Insightful' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   4  
  • (Score: 2) by Tork on Wednesday May 20 2015, @05:54PM

    by Tork (3914) Subscriber Badge on Wednesday May 20 2015, @05:54PM (#185618)
    Yes, you can make a phone that looks like an appendix. The mods are really on the case today.
    --
    🏳️‍🌈 Proud Ally 🏳️‍🌈
  • (Score: 2) by morgauxo on Wednesday May 20 2015, @06:16PM

    by morgauxo (2082) on Wednesday May 20 2015, @06:16PM (#185628)

    Not Me! Hah!