Throughout Apple vs. Samsung, trade dress is a term that has come up a lot — effectively, the debate hinges on whether or not there’s an important connection between Apple’s designs and consumers’ perceptions of the companies. Apple alleged that Samsung copied its designs, and thus intentionally confused customers, “diluting” the brand and its connection with customers. The jury had to decide both whether there was anything to infringe, and whether or not Samsung did so. After 21 hours and 37 minutes of deliberation, the jury shared its verdict on a number of questions.
Jury: Samsung diluted Apple’s trade dress for the iPhone, but not iPad
The jury at Apple vs. Samsung has read its verdict, and it’s a mixed bag for Apple’s trade dress claims.
The jury at Apple vs. Samsung has read its verdict, and it’s a mixed bag for Apple’s trade dress claims.


Is the iPhone’s trade dress protectable? Yes, but only the iPhone 3G.
Did Samsung dilute the iPhone’s trade dress? The registered iPhone and unregistered iPhone were diluted, but only those. The Fascinate, Galaxy S, Galaxy S 4G, Showcase, Mesmerize, and Vibrant are all found to have diluted the trade dress.
As for the iPad and the unregistered iPhone, the jury found no dilution of the devices’ trade dress.
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