Quote:
|
You’ve probably never heard of trade dress before, but you encounter it every day: it’s the elements of a product design that indicate it came from a certain brand or company. The classic example is the Coke bottle: the distinctive shape of the bottle is just as recognizable as the trademarked word "Coke" itself.
|
Quote:
|
With trade dress, Apple can focus more on the general characteristics of the iPhone and iPad's appearance and whether a meaningful number of consumers are confused by Samsung's products before and after they’re sold. And some evidence offered so far suggests that consumers are indeed confused.
|
Samsung says bottle is obvious shape, Apple says no.
Quote:
|
Samsung will almost certainly try to force Apple into getting bogged down in technical nuances and product details to kill momentum and dilute Cupertino’s otherwise simple narrative. Again, this may be exacerbated by the 25-hour testimony limitation imposed on both sides.
|
http://www.theverge.com/2012/7/30/31...ide/in/2971889