Now, the first thing that stuck out to me very fast was the "iPhone Trade Dress".
So, what is Trade Dress?
Basically, it's the "image" of a product. I say McDonalds, you think of the double golden arches, red and yellow stripes, etc. It's the defining image of a product. The actual section of law relating to Trade Dress can be found: 15 USC § 1125 - False designations of origin, false descriptions, and dilution forbidden | LII / Legal Information Institute
with the relevant part being the first section:
(a) Civil action
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which—
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
( I think we can ignore the rest of it, as we can agree that the iPhones Trade Dress is indeed not functional, meaning this law does indeed apply. )
So, lets take a look at an iPhone and try and discern some of it's overall characteristics and defining features.
Ok. We have a fully rounded side. The back has a 2 tone of brushed aluminum and matte black plastic, with a polished metal Apple logo. The front is largely bare, with a rounded indentation at the bottom for a single touch sensitive button that features a square in the center. A small grill for the earpiece at the top with no highlighting. Simple buttons on the left and top.
So, there's the "Trade Dress".
Next, we consider the phones that allegedly violate this. All of them are variations of the Galaxy S line, with effectively the same Trade-Dress.
Fascinate: Sides are only rounded on the back. The back is a cross hatched plastic, Galaxy S logo in the bottom right, camera+flash in the top left. The front had the standard Android 4 touch sensitive buttons at the bottom. Samsung logo is clear right on the front, between the screen and menu buttons. Buttons on the left side, and I believe the top. ( Someone who has had one, can you clarify please?)
Ok..so someone help me here. Is there ANY part of the Trade Dress aside possibly from volume button placement that the Galaxy S series shares with the iPhone? I mean, the SII at least has that rounded indent at the bottom ala the iPhones...but the SII wasn't listed here ( Fixing the Showcase, it was part of the Galaxy S series, not SII...so great news there, they mislabeled that on the verdict, and probably throughout the case. )