The recent court case between Apple and Samsung have shown us one thing and that is that a unique product along with brand identity, otherwise known as trade dress, is needed for Android as they look ahead into the future. This is what ZDNET has concluded based on how smartphones are starting to resemble each other in ways that may end up being a little too close for comfort.
Samsung Galaxy S4 and other 2013 S-range or devices should have a unique trade dress that doesn’t resemble what Apple started with the iPhone
The jury said that Samsung had infringed on the copyrights of Apple and now Android have to pull themselves back up and look ahead. Samsung along with Google are going to have to make some changes to their software not only in new devices but also the ones that Apple is trying to have banned. The patents in question generally belong to what is known as Trade Dress. This covers the way devices look and is one way of making sure that the product comes from a certain source. Samsung are said to have made their products look like Apple’s, because Apple products are more popular than Samsung’s.
Now Samsung will have to have their own dress code and they could do this with unique colors, designing casing that stands out, decorations on the faceplate or something else that would stand out as belonging to the Galaxy S Android family. This of course would not only apply to Samsung but also other manufactures releasing Android devices.
In total more than 13 devices are said to have violated the patents of Apple. The D305 patent is the one behind the grid of squares with rounded corners that are icons which are set against the black background. This is the famous trade dress that Apple uses on their OS. Google might be able to change these to circles or they could rearrange their grid and they need to patent their own trade dress adds ZDNET.
If Google along with Samsung manage to design their own trade dress and patent it successfully only time will tell whether Android based products will be successful and the shame of Samsung forgotten.