It’s not too often we have access to the knowledge of a good tech writer who also happens to have a background as a copyright attorney (or even have a need for that expertise), but with yesterday’s lawsuit against Samsung by Apple, such an occasion has arrived. Fortunately for us, former Engadget Managing Editor (and copyright attorney) Nilay Patel has written a very comprehensive and readable guide on the lawsuit on This Is My Next.
Now, you may wonder what makes this lawsuit different from all the countless other lawsuits that tech companies sling at each other all the time. You know what they say about pictures and words so let me just direct you to a picture from CounterNotions late last year:
Notice anything similar between the 2011 Samsung Android phone and the iPhone?
The reason this particular lawsuit is a little different over the multitudes of other preening tech lawsuits out there is because Apple has a pretty good case on Samsung blatantly copying its product designs. In fact, Apple has made a 16 claims in their suit against Samsung.
Nilay’s analysis makes for some very interesting reading if you have your own business and have a unique product design that you want to protect or even if you’re just interested in how intellectual property laws work. Even if you’re a law-speak newb like me you can easily follow this piece.
From Patel’s analysis on the first claim:
First claim: Trade dress infringement under 15 U.S.C. § 1125
You’re probably familiar with patents, copyrights, and trademarks, the three main types of intellectual property. Trade dress is the wonky red-headed step-cousin of the family that fills the gaps between the three; you might think of it as a trademark on design elements that trigger consumer recognition. (That’s a vastly simplified explanation, but it’s good enough for our purposes.) Trademarks and trade dress are all about protecting consumers from being deceived in the marketplace — the idea is to clearly indicate the source of a product or service.
Think of it this way: the trademark “iPhone” is a made up word that consumers recognize, so Samsung can’t call its phones the “Galaxy iPhone” because that would confuse consumers about the source of the product. Similarly, Apple’s claim is that the iPhone’s box and design scream “Apple” to consumers just as strongly as the word “iPhone.” Simple, right?
Could this lawsuit have any effect on us if we’re not invested in the companies somehow? It’s possible there could be some fallout with Apple and Samsung’s business relationship, given that Samsung has been supplying flash memory for Apple devices. It’ll be interesting to see what the courts find in regards to how much infringement Samsung is actually doing here. If it lets Samsung off the hook for most of it, we could see a precedent established for other companies to start openly copying the Apple iOS look too.
Read More: Apple sues Samsung: a complete lawsuit analysis | This is my next….
