Re:The Samsung Galaxy S III: The First Smartphone Designed E...
by ghancock on Sunday May 06, 2012 @02:10AM
(#3934315)
The article talks about both trade dress and design patents. That said a court's decision about design patents can involve whether a consumer would be confused. There's a short article that talks about the legal rules for design patent infringement at http://www.designpatentschool.com/assets/Oake_SEPT11%20V2.pd....
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Re:The Samsung Galaxy S III: The First Smartphone Designed E...
by jessriedel on Sunday May 06, 2012 @08:12PM
(#3936938)
Very interesting. What's the legal theory behind this? Shouldn't trademark infringement protect against consumer confusion?