3 May 2011

Apple vs. Samsung: A Visual Guide to Apple's IP Claims 2: Interface Icons

Author: Johnny5k

 

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Apple vs. Samsung  2: Interface Icons

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Comparing Samsung’s phone interface icons before and after release of the iPhone and how Apple’s intellectual property infringement claims hold up

Part 2: Interface Icons

APPLE’S PRIMARY CLAIMS:
Samsung’s manufacture and distribution of the Samsung Galaxy products with packaging, product design, and product user interface features that copy a combination of several elements of Apple’s Registered Trade Dress is likely to cause confusion, or to cause mistake, or to deceive the consumer as to the affiliation, connection or association of Samsung with Apple, or as to the origin, sponsorship, or approval by Apple of Samsung’s goods, services or commercial activities.

Apple iPhone vs. Samsung Galaxy S (Samsung’s phone AFTER iPhone) vs. Samsung SGH-F700 (Samsung’s phone BEFORE iPhone)

G&S: Telephony software, namely, computer software for making,  managing, and receiving phone calls, and for reviewing, managing, and playing electronic voice messages.The color(s) green, light green, dark green and white is/are claimed as a feature of the mark.The mark consists of a rectangle with rounded corners depicting a stylized white telephone receiver against a striped green and dark green background. A shade of light green covers the upper half of the rectangle design.[4]

G&S: Text and multimedia messaging software, namely, software for processing images, graphics and text.The color(s) white, green, dark green and light green is/are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting a stylized speech bubble on a diagonal striped background. The color white appears in the speech bubble design; the colors green and dark green appear in the diagonal stripes in the background of the rectangle design; and the color light green appears in the upper half of the rectangle design.[5]

G&S: Computer software for organizing, storing, sharing, and viewing images, sold as a feature of computers and handheld mobile digital electronic devices comprised of mobile phones, digital audio and video players, handheld computers, personal digital assistants, and electronic personal organizers.The color(s) yellow, blue, green, brown, black, gray and white is/are claimed as a feature of the mark. The mark consists of a gray, white, and blue rectangle with rounded corners depicting a stylized flower in the colors green, yellow, brown, black, white and gray.[6]

G&S: Computer software for managing user system settings and preferences sold as a feature of computers and hand-held mobile digital devices comprised of mobile phones, digital audio and video players, hand-held computers, personal digital assistants, and electronic personal organizers. The color(s) gray, white, silver and black is/are claimed as a feature of the mark. The mark consists of partial images of three gears shown in gray, white and silver, on a background of gray with black dots, all contained within a rectangular grey and white frame with rounded corners.[7]

G&S: Computer software for composing, reading, searching, sharing and syncing text files.The color(s) yellow, brown and gray is/are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting a stylized cross-section of a page of notebook paper. The color yellow appears in the notebook paper; the color brown appears at the top above the notebook paper and in the vertical lines on the left side of the notebook paper; and the color gray appears in the horizontal lines across the notebook paper.[8]

G&S: Computer software for contact information management sold as a feature of computers and handheld mobile digital electronic devices comprised of mobile phones, digital audio and video players, handheld computers, personal digital assistants, and electronic personal organizers.The color(s) brown, white and gray is/are claimed as a feature of the mark. The mark consists of a brown rectangle with rounded corners depicting a stylized wire-bound book with the silhouette of a man in the middle. The wire binding appears in white and gray. There are brown tabs on the right of the book with the letters ”ABCDEF” in gray and white.[9]

G&S: Computer software for use in searching, browsing, reviewing, sampling, playing, purchasing, and downloading pre-recorded audio and video content.The color(s) purple, white and light purple is/are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting a stylized musical note. A circle surrounds the musical note. The color purple appears in the lower portion of the rectangle; the color white appears in the musical note and in the circle surrounding the musical note; and the color light purple appears in the upper portion of the rectangle.[10]

G&S: Computer software for use in purchasing, authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, storing and organizing audio data.The mark consists of a design of a compact disc with two musical notes.[11]

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4. U.S. Registration No. 3,886,196 covers an icon that is green in color with a white silhouette of a phone handset arranged at a 45 degree angle and centered on the icon that     represents the application for making telephone calls.

5. U.S. Registration No. 3,889,642 covers an icon that is green in color with a white silhouette of a speech bubble centered on the icon that represents the application for messaging.

6. U.S. Registration No. 3,886,200 covers an icon featuring a yellow and green sunflower against a light-blue background that represents the application for photos.

7. U.S. Registration No. 3,889,685 covers an icon that features gears against a gray background that represents the application for settings.

8. U.S. Registration No. 3,886,169 covers an icon that features a yellow note pad that represents the application for notes.

9. U.S. Registration No. 3,886,197 is for the silhouette of a man on a spiral bound address book that represents the icon for contacts.

10. Pending U.S. Application Serial No. 85/041,463 covers this icon (the “Purple iTunes Store Trademark”). To represent the iTunes application, Apple uses an icon that is purple in color with a white circular band and a silhouette of two eighth-notes superimposed on the white circular band

11. Apple also owns a federal trademark registration for a logo for its iTunes on-line music service, U.S. Registration No. 2,935,038, (the “iTunes Eighth Note and CD Design Trademark”). Apple filed an Affidavit under Section 15 of the Lanham Act on March 24, 2010, rendering the registration incontestable.