The recent legal scrap between Apple and Samsung has highlighted the fact that Samsung needs to develop its own look. Smartphones are starting to coalesce into one image and lawsuits are flying like paper darts with ground-breakers like Apple holding all the good cards.
Samsung Galaxy S4 should be first with a reinvented trade dress
When Samsung release their Samsung Galaxy S4, the Note 3, or even the Galaxy Nexus 3 next year, these phones will need to look “Samsung” not “Ersatz Apple”.
Judge Koh said that Samsung infringed Apple’s copyright and so the Korean giant will have to develop its own look or get hauled over the coals again. It’s believed that Samsung copied Apple’s trade dress because of Cupertino’s sales figures, but now it’s time for it to get its own gladrags.
Samsung could bring in unique casings or colors, or decorate the fronts of its phones. Anything will do, as long as it says Samsung rather than Apple at first glance. Samsung is thought to have violated 13 of Apple’s patents, and it’s these 13 that have caused the problems. Even the Samsung Galaxy S3 is embroiled in the mess.
The D305 patent relates to that famous grid of squares on a black background that Apple uses as its homescreen. This is the company’s trade dress, so if another company wants to use something similar, it’ll have to change the design a bit – make the squares circles, maybe.
If Samsung along with Google can make their own trade dress, then Android can put all this embarrassing nonsense behind it and ascend to its deserved place in the smartphone arena.
The Samsung Galaxy S4 is rumored to come out as early as March 2013, making it the front runner for next years innovations in Samsung’s stable. So do you think Samsung should reinvent the smartphone game with Galaxy S4 just like Apple did with the original iPhone?