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by mdiep
5012 days ago
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I think the argument is that if Apple made a calculator that looked like the Braun one it would be stealing. But since it's not the same type of device, it's a tribute. I'm not sure if this is a valid legal argument, but I understand it. Let's not confuse arguments that benefit Apple with blind support of Apple. Intentionally making a phone that copies the iPhone is clearly wrong, IMO. This clock issue is quite a bit murkier. |
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Well, a tribute isn't a legal thing (and trademark and patent infringement is not stealing). But yes, it'd be hard to see a design patent on the clock effecting a representation of the clock drawn on a screen (and any patent would in any case have long since expired) and trade dress and other consumer confusion stuff certainly wouldn't apply, as no-one is confused by the iPad into thinking it's a wall clock from the 40s.