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A comment on The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers. Parent comment

Re:The Samsung Galaxy S III: The First Smartphone Designed E... by karlshea on Friday May 04, 2012 @10:11PM (#3931141)
You'd be right, but it wasn't "similar" design. They weren't sued because it was a black rectangle.

This is closer to flipping the Pepsi logo upside-down and selling cola, then bitching about how unfair the patent and trademark system is.

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Re:The Samsung Galaxy S III: The First Smartphone Designed E... by ajross on Saturday May 05, 2012 @12:34AM (#3931352)
The iPhone's design is mostly functional, it's not artwork like a logo. You can't copy a logo for clear reasons.

A closer analog would be selling, say, a cola in a 12 oz. blue, red and white can with white lettering: http://goo.gl/q5k8n

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Re:The Samsung Galaxy S III: The First Smartphone Designed E... by karlshea on Monday May 07, 2012 @02:16AM (#3937848)
Well, it sort of is like artwork since they registered the design patent. At a glance, the RC Cola can doesn't look like Pepsi. Some of the Samsung phones do however look like iPhones, and infringe on all of the conditions mentioned in the patent.

This case mirrors the eMachines case where they were selling something that looked pretty similar to an iMac.

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