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By: Shadow Sprite
Date: 8/20/99 8:02:34 AM
# Replies: 9
Apple sues Emachines for iMac look-alike
By Michael Kanellos
Staff Writer, CNET News.com
August 19, 1999, 5:30 p.m. PT
Apple Computer has filed a second iMac-inspired lawsuit, this time against low-cost PC maker Emachines, alleging that the company has wrongfully pilfered the design and feel of its popular translucent computer.
The complaint, filed in U.S. Federal Court in San Jose, California., seeks to enjoin Emachines from distributing its eOne computer, introduced August 5.
The eOne is based on different internal technology than the iMac, but it comes with a built-in monitor and clear blue plastic accents, similar conceptually to Apple's computer. The suit also asks for actual and punitive damages.
This is the second suit Apple has filed against a PC manufacturer for allegedly improperly appropriating the design of the iMac. Apple also filed a similar suit against Future Power and Daewoo in July.
A major issue in both cases is the concept of "trade dress," that is, the distinctive style or look of a product. Historically, the courts did not extend copyright protection to design. A desk or a pencil, for instance, could not get copyright protection. Design, courts held, was a result of function and could not be protected by copyright.
However, courts have begun to grant copyright protection to "stylized" items on the grounds that novel industrial design can communicate a distinctive idea or image. Recently, for example, a court held that a Gucci watch in the shape of a large "G" could be protected by copyright, because it communicated an idea and was not merely shaped that way for utilitarian purposes. It's an evolving area of the law, lawyers say.
Apple's theory is that trade design protection exists. These companies, after all, could have chosen a number of different styles for their computers.
"There is an unlimited number of original designs that eMachines could have created for their computers, but instead they chose to copy Apple's designs," said Steve Jobs, Apple's interim CEO. "We've invested a lot of money and effort to create and market our award-winning computer designs, and we intend to protect them under the law."
On the other hand similarity, like beauty, is in the eye of the beholder. Future Power's iMac looks almost identical to the iMac. The eOne from eMachines, however, clearly differs. The system is taller, and less teardrop-shaped, than the iMac. The blue used in the casing is also deeper than the aqua blue of the iMac and is used to accent the computer differently. On the iMac, the entire back of the computer is blue. The eOne has a white band that travels around the computer.
Questions in the dispute will likely be whether the iMac has a legally protected trade dress and whether either company violated that right.
Response #1
By: Ralf
Date: 8/20/99 10:37:27 AM
My Former Employer (hereafter referred to as MFE or sometimes, "Evil Satanic Group of Morons Who Dominated My Life for Five Years But Are Now Thankfully Out of Business") owned a company that made Mac clones.
Really good, fast machines that out-performed the fastest Mac yet sold for 2/3 the Apple retail price. This place was really poised for greatness -- think Compaq back in 1982.
Then, Apple released the G3 and revoked their license to use MacOS in the same week, and the company went out of business. It took less than a month to go from planning their IPO to laying off the entire staff.
Steve Jobs is just as evil as Bill Gates, and also sports a really wide mean streak... if the man ever runs for office I'm moving to Canada.
Response #2
By: Jerichos Burlap
Date: 8/20/99 12:10:29 PM
Looks like Jobs also has a Master ball-buster Certification for legal types, huh?
Response #3
By: Homer The Brave
Date: 8/21/99 10:40:29 AM
Darwin: Open Source.
iMac: Getcherfuckinhandsoffit.
Response #4
By: Ralf
Date: 8/22/99 4:40:52 PM
It's a wonder Apple just doesn't cancel itself out.
Response #5
By: Homer The Brave
Date: 8/22/99 6:37:49 PM
If I were to manufacture a car that looked exactly like a Ford Mustang and called it the Homeric Bravery, do you think Ford would say, "oh well. we won't sue them. we'll just let the market decide..."?
Response #6
By: Da Sissop
Date: 8/22/99 6:57:43 PM
All cars look alike these days anyway. I was thinking of swiping a Honda Accord logo for my new Hyundai, but since ya mentioned Mustang... hmmm...
Response #7
By: Homer The Brave
Date: 8/23/99 3:12:20 AM
It's true!
Even SUVs look alike. It doesn't help that all car companies buy cars from other companies and then slap their logo on them...
Hmm. Maybe I need a better example. :-)
Response #8
By: Ralf
Date: 8/23/99 10:19:47 AM
Within one year of the Chrysler minivan, Ford had introduced the Aerostar. After Chevy's S-10 blazer came out, Ford introduced the Explorer. In 1984 Toyota introduced the MR-2, a 2-seat mid-engine sportscar that stole every design idea Fiat/Lancia ever had. Mazda spent over $2.5 million tuning the Miata exhaust so it would sound just like a Bradley GT.
But computers aren't cars. They're more like appliances...
Within months of introducing the front-loading VCR design in 1981, Goldstar was dismayed to see every manufacturer adopt its design.
There are about sixty different manufacturers of drip-coffee makers ALL of whom stole the unique Mr.Coffee design.
There are 450 million Microsoft Mouse clones running about.
And speaking of plagarism, Apple stole the original idea for the Lisa from Xerox PARC, right down to the mouse. Then they had the BALLS to sue Microsoft for stealing the trashcan icon.
If Xerox ever gets a wild hair, we're ALL gonna need lawyers. :-)
Response #9
By: Roxanne
Date: 8/23/99 11:53:36 AM
Jack Nicholson should sue Christian Slater.