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ARTICLE · 21 MAY 2015

Trade Dress Updates: "Beauty" Does Not Cut It

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A recent decision of the US Federal Court (see: Apple, Inc. v. Samsung Electronics Co., Ltd. May 18, 2015) reviewed the jury decision in Apple's famous infringement lawsuit against Samsung.

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Richard Stobbe
Richard Stobbe
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A recent decision of the US Federal Court (see: Apple, Inc. v. Samsung Electronics Co., Ltd. May 18, 2015) reviewed the jury decision in Apple's famous infringement lawsuit against Samsung. You may recall that Apple's 2011 lawsuit alleged that Samsung infringed Apple's utility patent rights, design patents, and trade dress rights.

See our previous posts here Pinch and Zoom: Apple vs. Samsung and here Apple and Samsung: The Design Patent Wars Continue.

In the latest decision, the Federal Court left the design and utility patent verdicts untouched, but knocked down the finding of trade dress infringement, on the basis that trade dress cannot protect functional elements of the design.

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