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Apple Sues Over iPhone Smartphone Skins
ghostcorps writes "Australian Newspaper 'The Age' reports that developers of iPhone skins (skins for smartphones that resemble the iPhone) have been legally attacked by Apple. Beyond that, bloggers who have reported on the skins have been threatened with legal action as well. From the article: 'Ironically, Apple's attempts to have the files removed from the web have only given the skins greater publicity, and they have already begun spreading to other websites. The issue marks a distinct change in tone for many bloggers and journalists, who just last week praised Apple for its 'revolutionary' and 'game-changing' phone despite being unable to conduct a proper hands-on test of the product.'"
Before everyone goes completely non-linear, it should be noted that if you have a trademark, you have to protect it if you want to keep it yours. Since one of the trademarks of Apple's latest batch of products is its unique interface style and artwork, they MUST take action when their artwork is being circulated and incorporated into other products. Even if there is a part of them that recognizes that imitation is the sincerest form of flattery.
Less is more.
Uh NO. These are skins for smartphones that use Apple's icons, which is to say, copyrighted artwork.
If they created their own icons that looked SIMILAR then Apple would have to suck it up and deal with it. They are not. They are using Apple's copyrighted media.
Yet again, slashdot editors can't or won't edit. Remind me again why I should subscribe? So I can see this inaccurate tripe before it hits the front page?
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
A couple of days ago Apple said that Cisco suing them over the name iPhone was "silly"...
how do they qualify this?
Why is Apple suing? Isn't the iPhone a Cisco product? Wierd, I'm confused.
I totally agree with you; Apple should be stopped from killing babies and using their blood as ink to write letters threatening to frame people for murder and put them in the chair if they don't stop even mouthing the word "iphone"... bastards.
The revolution will not be televised... but it will have a page on Wikipedia
OTAH if you sue your fanboys, you screw your most fanatical supporters, making yourself uncool rapidly.
It's much easier to fall from your pedestal than climbing it. (look at MS, Sony and IBM in the past and today).
Imitation is the sincerest form of flattery, and in this case the flattery seems harmless and good for the brand?
I am not a lawyer: the following is just my reading of the readily available material on design property protection, mostly from a US perspective (mine). YMMV.
Since one of the trademarks of Apple's latest batch of products is its unique interface style and artwork
Regarding "trademark": "You keep using that word. I do not think it means what you think it means."
Do you mean trademark literally? And legally? Industrial design intellectual property protection is kinda weird in the US. You can take out a design patent convering the non-functional "aesthetic" or ornamental aspects of a design. I've done some quick searches at the USPTO, and it doesn't appear that Apple has one of those yet.
The only thing approaching "trademark" is "trade dress", but that appears to be apply only very broadly to an entire company's look and feel, not of a particular product.
Or did you mean "trademark" as in "distinctive product look and feel", which is not implicitly protected by US IP law. (Canada, sure. If the design is registered. Or the EU. Or Japan.)
Sorry, I hate to say it, but knockoffs that don't incorporate or hint at actual registered trademarks or infringe on functional or design patents are almost certainly legal.
And at least in the U.S., discussion of knockoff-like entities (like software skins for your non-Apple smartphone) should always be permissible, according to that darn ol' Constitution. Any attempt to squelch such discussion feels like improper prior restraint and an unacceptable infringment of personal liberties in order to protect the marketing prerogatives of a corporate.
Welcome to the Panopticon. Used to be a prison, now it's your home.
Last I checked all 3 were doing quite well. Really, Apple doesn't have to worry about anything by doing this. They will piss off a couple 'fanboys' but most of them will keep buying Apple's stuff cause it is cool. And for every fanboy they lose, if they successfully keep their product the 'stylish fashionable gotta have it' product, they win a bunch of trendsetter types. Those people are actually much more valuable. You probably just don't notice cause basically none of them bother with sites like slashdot.