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Originally Posted by QuadCityImages
I'm with you when it comes to the software stuff they did, because I really think TouchWiz was trying to look as iOS-y as possible, but I just don't see some of the hardware stuff Apple is being granted. I mean, there is literally language making claims to black bezeled rectangles with rounded corners. What else would a touchscreen phone look like? Sharp corners to tear your pockets and stab your leg? Pyramid power? Sandpaper-textured screen?
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The counterpoint to the argument would be Fender guitars, who did not enforce trade dress on the Stratocaster design - by the time they decided to litigate, there were hundreds if not thousands of copies of the iconic stratocaster design, and the judge literally dismissed the case because a strat silhouette was being used in dictionaries to illustrate the entry for "electric guitar" - rightly or wrongly, it became synonymous with electric guitars, and not the Fender name or brand.
I'm not weighing in one way or the other on the appearance aspect of the lawsuit other than to say its more subtle than is being made out in a lot of posts here - that there are Samsung phones that are very, very close looking to the iPhone should not be up for debate because there clearly are. There are others that don't look like an iPhone at all, and I don't think they were involved in those aspects of the lawsuit.