Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Apple's iPhone User Interface Held Functional for Trade Dress Infringement, But Not Design Patent Purposes
In the long-running Apple v. Samsung dispute, the Federal Circuit has highlighted a marked difference between the effectiveness of trade dress and design patents in protecting the visual characteristics of a product, which could potentially cost Apple hundreds of millions of dollars in lost damages. Explaining that both the registered and unregistered trade dress features of Apple's iPhone products are functional and thus not protectable, the Federal Circuit remanded the case back to the district court for entry of damages awards “not predicated on Apple's trade dress claims.” On the other hand, the court affirmed awards on design patents that arguably cover many of the same features present in the trade dress.
Trade Dress
The evisceration of the trade dress-related damages, which Samsung contends amount to $381,683,562, but which the Federal Circuit did not specifically account for, began with Apple's unregistered trade dress and the observation that trade dress can only protect the non-functional elements of an article. Apple Inc. v. Samsung Elecs. Co., Nos. 2014-1335, 2015-1029, slip op. at 7 (Fed Cir. May 18, 2015). The unregistered trade dress claimed various hardware and software features, such as the rounded-corner rectangular design of the iPhone, and a user-interface including “a matrix of colorful square icons with evenly rounded corners within the display screen, and an unchanging bottom dock of colorful square icons with evenly rounded corners set off from the display's other icons.” Id. at 9. Performing the analysis under Ninth Circuit law, the Federal Circuit concluded that Apple had not carried its allegedly heavy burden of proving non-functionality, noting that Apple “had not cited a single Ninth Circuit case that found a product configuration trade dress to be non-functional.” Id. at 7-8.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.