The recent legal spat between Apple and Samsung has shown that it’s vital for Android to forge itself a brand identity for the future. This is what ZDNET thinks after noticing how smartphones are starting to look a bit samey.
2013 Samsung Galaxy S4, Note 3 & Nexus 3 should have their own trade dress
Samsung Galaxy S4 and other 2013 S-range of devices should have a unique trade dress that doesn’t resemble what Apple started with the iPhone.
Judge Koh ruled that Samsung had trodden on Apple’s copyrights, so now it’s up to Android to get itself some new livery. Samsung and Google are both going to have to change their software – not only in the devices that Apple is currently trying to nix, but in future phones. The Apple patents that have been the source of the hurly-burly mostly relate to Trade Dress – the way devices look and show that they belong to a particular brand. It’s thought that Samsung made their phones look like Apple phones because Apple sells well.
Samsung needs its own “clothes” and these could take the form of unique casing or colors, or decorations on faceplates – anything that says “Samsung” or “Android” to the casual viewer. This applies to other Android makers as well, not just Samsung.
More than 13 phones are believed to have fallen foul of Apple’s patents.
The D305 patent is the one related to that now famous grid of rounded squares set against a black background that Apple uses to lay out its apps. This is the Apple Trade Dress for its iOS. Google may well have to change these squares to circles, or rearrange the grid entirely. It also needs to develop its own trade dress, and quick, says ZDNET.
If Google and Samsung come up with their own trade dress and put it out there, then Android products might find their own place and the current Samsung shame may fade into history.
Next year we can expect to see devices like the Samsung Galaxy S4, Galaxy Note 2 and even hopefully a Samsung Galaxy Nexus 3 if Google permits. So Samsung has ample time to come up with some sort of identity that will immediately tell users, hey this is a Galaxy phone. They did pretty well with the Samsung Galaxy S3, let’s see if this can go further.