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It doesn’t have to show Samsung unreleased products, but may fail in ‘Appstore’ ban attempt.
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It doesn’t have to show Samsung unreleased products, but may fail in ‘Appstore’ ban attempt.
I doubt customers will get confused between an Apple and Samsung phone. One has an Apple logo on it and the other a big SAMSUNG written on it. On top of this a number of the Samsung Android phones have the word ANDROID written on the back of it.
Also,at least in the UK the Apple products usually are differentiated from the others in the product displays. Plus I would also expect the salesperson to confirm what choice of product you wanted. When they bring out the box to the till, the packaging will be different(one says iPhone and the other does not) and of course your receipt will tell you exactly what you got.
If you buy online it is even more obvious.
Despite this if you cannot tell the difference it means one of the following:
1.)You are daydreaming
2.)Sales person is a lying toad
3.)You couldn't be bothered what brand of phone you got,ie, a phone is just a phone
Well said, Scott. Hopefully the 'App store' claim will be ruled against soon and put that pile of stupid to rest.
i think what is worse is that Apple werent the first to use this design, credit where its due is that they took the design and somehow made it extremely popular but you cant really try and protect an idea thats already been done, heck even Samsung had an iphone like music player before the iphone so im confused how they can even have a chance.
Same as the app store, your just shortining application store which you shouldnt be able to "protect" thats like me saying, yeah im making a MOBO, now no one else can call it a mobo.... bad example but you get the idea :D.
You know it is an iphone by looking at the price tag
Despite these updates, apple may still be in with a chance - since they have just been granted yet another multi touch UI patent, and I presume that could have an impact here..since it's a pretty far reaching one (covers the use of a single finger to do one thing, and two to do something else - eg 1 finger to move a webpage around and 2 fingers to scroll). I wonder if they will look to bring this into the argument when the "consumer confusion" one is thrown out (as it should be!). I don't think that they have any case for saying users will be genuinely confused between a samsung device and an iPhone - even if the Homescreen UI in question is VERY similar and does look like an iOS rip off.
I still think they have a very good case with the "App Store" isse though, and I hope they win it (not a popular POV I know). There is a very clear opportunity for "consumer confusion" here, and the fact that they have had an established and widely recognised brand of "App Store" for years now (way before Amazon decided to copy them) should make this an easy choice for the judge. I would hope that the many thousands of legal precidents would make it a bit more open and shut than it appears to be.
Then again these issues are going through the American courts, to logic doesn't come into it.
But you can only get Apple apps from their own app store, so how can there be confusion with an Android et al app store?
TBH the whole thing's silly IMO, and the Apple app store should be called just that - the Apple App Store, and others differently e.g. Amazon App Store, if there's really any likelihood of confusion. Calling the Apple one the App Store, and the Android on the Android App Store is going to cause more confusion tbh as consumers will, inevitably, hear App Store as app store and therefore wonder which app store people are referring to when talking about the Apple one.
The case i'd put forward is something like the conversation below, between two non technical users.Quote:
Originally Posted by miniyazz
Person A (with an android phone): Hey, I just got this really cool app! it does <something stupid>.
Person B (with an iPhone): Oh cool! How'd you get it? What's it called?
Person A: Oh I just download it from the app store, its called "angry idiots 42"
Person B: Oh..I can't see it! Stupid phone :( grr
Yes it's a contrived example but I think there is definite scope for confusion amongst the non-techie masses.
I do agree with the idea that you could solve the whole thing my calling it the "Apple App Store" and "Amazon App Store" though - but I think it's probably a bit late now since "App Store" is well understood to be Apples store (which is another reason why they should win this argument imo, not purely on the confusion argument but on tradional trademark!)
Application Store = App Store. You don't get to lop off a few characters from a generic term and call it your own original term. It's not as if there's been an instance of people confusing non-apple app stores with apple's app store and try to install android apps to the iphone (since that it plain wouldn't work).
Erm, didn't someone else on Hexus point out that the iPhone home screen bears some resemblance to one from Samsung. Not that I'm bothered really, don't have either device.Quote:
Originally Posted by Spud1
You're right - that's not a popular p.o.v. :pQuote:
Originally Posted by Spud1
+1 on that, even worse when the USPTO is involved.Quote:
Originally Posted by Spud1
I'm hoping Apple losing on the look-and-feel case - as others have pointed out, the black-slab-with-one-button isn't novel, (nor particularly attractive nor usable). And I've got to say that anyone who would mistakenly buy a Samsung expecting an iPhone is as stupid as Direct Line seem to think folks are (based on their current crop of adverts).
As to the App Store v's Appstore, again I hope for a loss for the Apple team. Seldom heard anyone refer to it as "Appstore" it's usually just "I bought X from Amazon", the same way folks don't say "Amazon MP3". Likewise, it's "Is the latest Angry Birds available from iTunes?". Should Rexel be looking to sue Staples - it's equally stupid.
Sad that Apple can't put as much effort into product development as they seem to do in suing - can you imagine the tech goodness that would flow from that?! Ah well, a fella can dream...
I disagree - I for one have never heard nor thought of the Apple app store being the "App Store". When I see an Apple ad on TV, they say app store, I think Apple's app store. In fact I never even considered the possibility (until these articles on Hexus) that they might actually be saying the App Store instead of the app store.Quote:
Originally Posted by Spud1
I quite like those adverts, they make me chuckle :clapping:Quote:
Originally Posted by crossy