This case provides a very interesting illustration of how a court will approach community design rights infringement.
These cases are supposed to be simple, however it is the evidence is often complex and very detailed.
The High Court considered the following elements [1-7] of the Apple design, which Apple claimed to be similar to, Samsung’s copying of the Apple design:-
1. a rectangular, symmetrical slab with 4 evenly, slightly rounded corners;
2. a flat transparent surface;
3. a very thin rim of constant width and flush with the front surface;
4. a rectangular display screen surrounded by a plain border of constant width;
5. a substantially flat rear surface which curves upwards at the sides;
6. a very thin impression with curved sides as in 5;
7. Overall a design of extreme simplicity without feature which specify orientation.
The High Court noted the design was both simple and striking.
The design was one in which any user would want to pick up.
A very cool design. Indeed.
The design is designed to be hand held.
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