20
Apr/11

Apple v Samsung: Apple's Trade Dress Claims in iPhone, iPad, iPod and Their Boxes


Apple sues Samsung for patent and trademark infringement.  Discussion of Apple’s trade dress in the iPhone begins at para. 26, iPhone packaging at para 18,  iPod touch at para 31, iPad at para 33.

- A rectangular product shape with all four corners uniformly rounded.
- the front surface of the product dominated by a screen surface with black borders;
-as to the iPhone and iPod touch products, substantial black borders above, and below the screen having roughly equal width and narrower black borders on either side of the screen having roughly equal width;
-as to the iPad product, substantial black borders on all sides being roughly equal in width;
-a metallic surround framing the perimeter of the top surface;
-a bottom row of square icons (the “Springboard”) set off from the other icons and that do not change as the other pages of the user interface are viewed.

The Apple packaging design trade dress is:

-a rectangular box with minimal silver lettering and a large front-view picture of the product prominently on the top surface of the box;’
-a two-piece box wherein the bottom piece is completely nested in the top piece;
-use of a tray that cradles products to make them immediately visible upon opening the box.

Apple has registrations for several of its icons.  Side-by-side images of Apple icons and Samsung icons at para 66.

Image of box from here.

Complaint iPhone Trade Dress