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First of all, I didn't link to any analysis, just to a bunch of screenshots. Screenshots aren't balanced one way or the other. But, on the link you posted. The conclusion in that article is actually a fair conclusion to make. It's just not one I agree with. The trade dress claim hinges on consumers being confused between the products, and I don't see it happening. If you can find me one person, anywhere, who bought a galaxy thinking it was an iphone, I'll admit fault and move on. Any way, my point was more generic than that. Basically, I think everything that's in the iphone had been done before, so the only thing apple can lay claim to is the combination, not any of the parts. Take for example the white slanted phone on the green glossy background. On the face of it, it sounds ironclad, since it's an unusual and unique style of phone icon, right? But, then you look at the skype icon from 2006, and surprise, it's clearly the same icon, except with a round border. You could just as easily argue that apple copied skype's phone icon when they designed the iphone icon. Given enough time, and google image search, you can do the same thing for every one of the iphone's icons, and for any part of its design. In the end, you end up at the heart of the matter: how different does a phone have to be before it's no longer infringing according to apple? If samsung changes two icons and uses a gray bezel, does that magically make it ok, even if it would still have the "feel" of an iphone? Sounds wishy-washy logic to me. Still though, I do wish samsung hadn't copied the iphone to such a degree. It cheapens a phone which could have stood on its own merits. |