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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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None of the examples I have seen justify your statements | 481 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Two Unrelated Issues
Authored by: eric76 on Tuesday, August 28 2012 @ 05:29 PM EDT
Samsung flew very close to direct copies of many distinctive iPhone UI layouts, sufficient to confuse a consumer. On that, Samsung had a case to answer.

If the Samsung name is displayed prominently on the phone, then how would anything think it was an Apple iPhone?

[ Reply to This | Parent | # ]

Two Unrelated Issues
Authored by: Anonymous on Tuesday, August 28 2012 @ 06:09 PM EDT
It seems very unlikely that an intelligent consumer would
mistake any of the Samsung devices for an iPhone, although I
wouldn't put it past the median American to mistake any two
things (a poplar for a weeping willow; a Hyundai for a Honda;
Champagne from Champagne for Napa Valley sparkling wine).

I am beginning to wonder, however, if the patent, copyright
and trade dress trolls like Myhrvold, Oracle and Apple really
matter in the end. They are parasites, but I'm pretty sure
they won't kill all other life forms.

[ Reply to This | Parent | # ]

Two Unrelated Issues
Authored by: miltonw on Tuesday, August 28 2012 @ 07:06 PM EDT
The 1990 Camry was a very popular car and a very popular design -- at that time it was unique and distinctive. Shortly, Honda came out with the same car shape -- from a small distance, you couldn't tell which was which. Then Nissan, then other car manufacturers -- the same or very close.

Did Toyota sue Honda and the others? Did Honda try to sue Toyota? Were the customers confused?

No to all of those questions. Toyota continued to innovate as did the others. Customers had no trouble and all was well.

Apple could learn a lot from the car manufacturers.

[ Reply to This | Parent | # ]

None of the examples I have seen justify your statements
Authored by: Anonymous on Tuesday, August 28 2012 @ 07:55 PM EDT
The pbones do not look alike. No reasonable person would be confused. Period.

[ Reply to This | Parent | # ]

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