The Apple Vs. Samsung War

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The Apple vs. Samsung War This paper will give us an overview of the patent infringement war between the world’s two biggest smartphone makers – Apple Inc. and Samsung. For the last three years, these two technology giants have clashed on a scale unheard of in the history of the business world, their licit war costing more than a billion dollars and spanning four continents. For the purpose of this paper, I will go back to where the Apple vs. Samsung saga began, back in April 2011. The main objective of this paper is to analyze the different types of intellectual property infringements that had been claimed by Apple Inc. against Samsung Electronics Co. About the Companies Apple Inc., an American multinational corporation was founded by…show more content…
Apple claimed that there were four types of infringements to its protectable intellectual property – 1. Some Trade dress infringements on the look and packaging of the iPhone and iPads - Trade dress is a product’s physical appearance (size, shape, design, color and feel). It also includes the way it has been packaged or wrapped, presented, promoted or advertised. Trade dress infringement is basically making the trade dress of two businesses sufficiently similar, confusing consumers about what they are buying. To establish a claim for trade dress a business must prove the uniqueness of its product’s appearance. 2. Several Trademark infringements on the iOS system app icons - A trademark is a name, design or symbol or even a combination of the three used to identify and distinguish one manufacturer’s or seller’s goods from the others’. It can be registered with the state or the federal government which protects the owner from infringement or copying. When a trademark is used by another person or organization either substantially or entirely, it gives the owner the right to cause of action against the infringer. In order to succeed in a trademark infringement action, the owner must show that the use of the mark created confusion about the origin of the defendant’s product. If the owner successfully proves infringement, the usual course of action in such
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