Hope this judge can be involved with Apple vs. the world lawsuits...

[jroc]

Louboutin loses to YSL in battle of red soles - Fashion + Beauty on Shine

From the article:

In federal court, US District Judge Victor Marrero ruled that Louboutin -- even if widely recognized for its trailblazing use of red under the shoe -- could not stop competitors like YSL from doing the same thing.


"Because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection," said Marrero, who revealed himself as an ardent admirer of the sexy slip-ons.


The million-dollar suit for "trademark infringement, unfair competition and false designation of origin" was filed in April in New York claiming that a series of YSL shoes would mislead consumers familiar with Louboutin's scarlet soles.


An attorney for Louboutin told AFP he was "profoundly disappointed."
"Even though the judge agreed that Louboutin's red sole mark was famous and well known, he appears to have concluded 'sua sponte' that in the fashion industry one ought not be able to use a single color as a trademark," Harley Lewin added.

I mentioned this because the Xoom might be mentioned in a lawsuit from Apple....based on hardware.

http://www.engadget.com/2011/08/10/apples-samsung-complaint-reveals-its-also-suing-motorola-over/

And Apple was able to use sketches for their EU case against Samsung. The EU case is different because Apple took advantage of the system over their...good job by them.

But I want this judge on all Apple lawsuit cases in the U.S.. I wont get into the Samsung case....even tho some witty Engadget commentors came up with this:

Samsung's Digital Photo Frame -- Engadget

Samsung digital picture frame stores pics, movies, music -- Engadget

Those are from 2006.

But the Xoom? For hardware?

I just want the lawsuits to stop. Compete in the stores, not in the court rooms.

 

[Bnice]

I know what you mean. These patented lawsuits are just ridiculous

 

[A.Nonymous]

Apple is basically claiming it has a design patent on the form factor for the iPad. It's ridiculous. It's a slab with touch screen. The Xoom looks nothing like an iPad. There's no way you'd confuse the two but that doesn't matter as it's still a slab with a touch screen. The patent trolling is insane.

 

[Bob Maxey]

I know what you mean. These patented lawsuits are just ridiculous

Not really. If Apple or you have a patent, you must protect it. The problem is not the lawsuits, it is the issued patents. We need to make sure they make sense. And to most people, legitimate patents often look silly.

Corporations invest considerable sums getting something patented and they must protect it.

Unfortunately, some people read about a patent that some writer has described as quite silly, and they are sometimes wrong about just how important the patent is.

I'll agree, the patent/trademark/copyright process needs to perhaps be looked at to prevent silly patents, trademarks, and copyrights from being issued in the first place. This is not just my idea, either.

 

[A.Nonymous]

Not really. If Apple or you have a patent, you must protect it. The problem is not the lawsuits, it is the issued patents. We need to make sure they make sense. And to most people, legitimate patents often look silly.

Corporations invest considerable sums getting something patented and they must protect it.

Unfortunately, some people read about a patent that some writer has described as quite silly, and they are sometimes wrong about just how important the patent is.

I'll agree, the patent/trademark/copyright process needs to perhaps be looked at to prevent silly patents, trademarks, and copyrights from being issued in the first place. This is not just my idea, either.

You should listen to the episode This American Life did recently on patent trolls. Did you know there's a guy out there who has a patent on toast? And he took this patent out just in the last few years as well.

 

[Vihzel]

You should listen to the episode This American Life did recently on patent trolls. Did you know there's a guy out there who has a patent on toast? And he took this patent out just in the last few years as well.

Oh! That reminds me... it'll be $.50 for every toast made. Please send to my Paypal.

 

[A.Nonymous]

Oh! That reminds me... it'll be $.50 for every toast made. Please send to my Paypal.

You better not sue me. I have a patent for creating a liquid beverage by squeezing citrus fruit and I'm gonna bet you're violating it.

 

[Bob Maxey]

You should listen to the episode This American Life did recently on patent trolls. Did you know there's a guy out there who has a patent on toast? And he took this patent out just in the last few years as well.

Not surprised. In fact, next time you post, make something up that is so far removed from reality, and I'll still believe it. Like did you patent the patent yet? That one is mine and if lucky, every patent holder must pay me money.

I

 

[A.Nonymous]

The way the patent reads it applies to the toasting of any bread. They cited the actual patent number on the show. There is a guy out there who could sue anyone who is currently manufacturing toasters and claim that they are stealing his process of applying heat to bread in order to make it crispy.

It's ridiculous that there are entire companies who produce no goods or services, do no innovating at all, create nothing and make their money solely off buying patents and suing companies. Great system.