Chances are that the phone in your pocket is either a Samsung device or the coveted iPhone. Together the tech titans sell over 41% of all the smartphones in the market. And, I just found out via my news app that both companies are 100% committed to winning the high stakes legal battle they are embroiled in.
In 2007, Steve Jobs introduced the original iPhone. He was right; it was revolutionary. But, the important question now, five years later, is whether its been ripped off by a big competitor.
The Constitution mandates that the Executive Branch "promote the progress of science...by securing for limited times to inventors the exclusive right to their respective discoveries." This mandate allows inventors to bring lawsuits into federal court to protect their products. Or, like in this case, protect the future success of its brand.
It looks like Apple may have a few ambitious attorneys because it is not timid when it comes to enforcing it's patents. On June 30, 2011 Apple filed its amended complaint against Samsung stating that, "instead of pursuing independent product development, Samsung has chosen to slavishly copy Apple's innovative technology..." Ouch.
This case is not only about patent infringement. Apple's complaint also contained claims of Lanham violations. For Apple to win on these additional claims, it will need to show that Samsung intentionally made its products to confuse consumers. And no, not confusion regarding price differences.
Winning a Lanham Claim
Apple is arguably the best technology company. It offers sleek products that talk to you. Siri has been known to carry on conversations better than most patrons at a local bar. The ironic thing about the lawsuit is that Apple will have to argue and successfully prove that consumers believe Samsung devices are the same as iPhones. To win versus Samsung, Apple will argue that its devices are just as revolutionary.
A New York case sums up actual confusion. "[Consumers are confused when there is a] likelihood that an appreciable number of ordinarily prudent purchasers
are likely to be misled, or indeed simply confused, as to the source of
the goods in question." In other words, when you go to best buy - you are not be able to tell the difference between a Samsung and Apple product. Consumer sophistication is one of the factors for the court to consider when determining a finding of confusion.
This legal standard will make it difficult for Apple to win on these trade dress claims in my opinion. The ordinary smartphone user is financially wealthy and sophisticated. I know its shocking but young college-educated individuals are likely to be a consumer of these devices. These facts bolster Samsung's arguments that most consumers are sophisticated enough to not be confused. Although, I do know some college graduates that are dumb as bricks. I'll refer Apple to them.
Apple v. Samsung is a big case. The outcome will have serious consequences in the mobile phone market. I am sure the other big players will be watching closely. As for me, I already set notifications to alert me of any new developments. It was not too difficult, my Samsung Galaxy S III is just like an iPhone.
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