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.
(Score: 2, Disagree) by Tork on Wednesday May 20 2015, @05:52PM
This has nothing to do with Etch-A-Sketch or Sony's picture frame or anything else. It's a case of Samsung copying Apple's aesthetic, not a case reverse-engineering. This is about a design patent, 'design' being a much more important word than 'patent'.
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(Score: 3, Interesting) by HiThere on Wednesday May 20 2015, @06:52PM
FWIW, at least *some* Apple products have rounded corners approximately the same diameter as those of an Etch-a-Sketch(tm?). OTOH, on the example I compared, Apple had a more graceful transition between the rounded corner and the straight line between the corners. And in the straight section it was straighter, though perhaps the Etch-a-Sketch was also straighter when it was new.
Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
(Score: 2) by Tork on Wednesday May 20 2015, @07:01PM
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