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Eggsackerly | 555 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Eggsackerly
Authored by: Wol on Saturday, October 27 2012 @ 07:45 AM EDT
The problem is, everybody is seeing the word "patent" and thinking
what the Americans seem to call "utility patents".

This case is about "design patents" or "registered designs".
Which is a *copyright* or *trade* *dress* issue.

And this can be a matter of life and death. Do you want to go to a shop, buy a
box of brake pads with the Ford logo on them, and have them fail a couple
thousand miles later, because they were cheap rip-offs?

THAT is why the Judge(s) made the comment about "how could anyone mistake a
Galaxy for an iPhone?". If an ordinary person has no difficulty telling
them apart in a side-by-side comparison, then no design patent should be
infringed. They are intended to prevent a copycat causing confusion in the
market (which is exactly how NCR destroyed its competitors in the heady Robber
Baron days!).

Cheers,
Wol

[ Reply to This | Parent | # ]

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