Re:Clock on iOS6 iPads is an homage to a 1944 design by Hans...
by rsynnott on Friday September 21, 2012 @05:41AM
(#4553030)
> I'm not sure if this is a valid legal argument
Well, a tribute isn't a legal thing (and trademark and patent infringement is not stealing). But yes, it'd be hard to see a design patent on the clock effecting a representation of the clock drawn on a screen (and any patent would in any case have long since expired) and trade dress and other consumer confusion stuff certainly wouldn't apply, as no-one is confused by the iPad into thinking it's a wall clock from the 40s.
Let's not confuse arguments that benefit Apple with blind support of Apple. Intentionally making a phone that copies the iPhone is clearly wrong, IMO. This clock issue is quite a bit murkier.