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Apple vs. SOTEC; original or not? 7 points of similarity between Apple's "iMac" and SOTEC's "e-one".
Do you think SOTEC's e-one is original or not?
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iMac(Apple) |
e-one(SOTEC) |
According to the decision of Preliminary Injunction in Apple vs. SOTEC case, the Chief Judge, Toshiaki Iimura, found that similarity exists between Apple’s “iMac” computer and SOTEC’s “e-one” computer with respect to the following seven points.
1. The design is used for a built-in-one-type computer and includes many curves and round portions. The exterior of the computer is formed from a two-tone plastic consisting of a half-transparent white color and a half- transparent blue color.
2. The front side is rectangular and has rounded corners. The left, right, and lower portions surrounding the center display are half-transparent blue. The front surface of the compact disc drive tray located below the display is half-transparent white. The buttons for operating the tray are half-transparent blue. The speakers incorporated in the lower left and right sides are blue.
3. The upper side is generally triangular and has a shape similar to a trapezoid. The front of the upper side is formed with a crescent shape and has a cover extending continuously from the portion supporting the display at the front side. The logo (iMac vs. e-one) is located at the middle of the crescent portion. (The e-one uses the same blue color for the logo. Thus, the logo cannot be seen clearly.) Behind the crescent cover, the rear half is covered by a half-transparent blue cover extending continuously from the side surfaces. The blue cover has holes through which heat is released from the interior of the computer. The holes are aligned along several laterally-extending curved strips. A handle for carrying the computer is provided at the top portion.
4.The side is a trapezoidal triangle shape. Substantially two thirds of the side is semitransparent blue and the rest is semitransparent white. The inferior is visible through the cover.
5. The rear or back side has a very small cross-sectional area, as the connecting sides are connected to the rear side by a gently curved side surface, such that the cross-sectional area gets smaller toward the rear face. Most of the rear is semitransparent blue and a small part is semitransparent white. The semitransparent blue part and the semitransparent white part are formed continuously with the side surfaces.
6. The keyboard is two-toned with semitransparent blue like the computer body. The keys are semitransparent black. The mouse is also two-toned with semitransparent white and semitransparent blue. The cables for connecting the keyboard and the mouse to the body are each formed by coating a silver colored core wire with transparent film.
7. The power supply cable is formed by a core wire of bright colors with transparent film.
As to Apple's claim of likehood of confusion, the Chief Judge found that there is a likehood of confusion among users due to the similarity of the computers and that consumers may think that there is some business relationship between Apple and SOTEC.