Feeds

Apple wins ePower iMac-alike ban

US District Court Judge reckons consumers will be confused by similar machines

  • alert
  • submit to reddit

3 Big data security analytics techniques

Apple has been granted an injunction against Future Power and Daewoo preventing the companies' making, distributing or selling their ePower PC in the US. The Mac maker set its lawyers on the companies back in August when it alleged the ePower's design is a rip-off of Apple's own iMac.

The ban follows Apple's request for a preliminary injunction against Daewoo and Future Power made at a hearing on 25 October. Now the case will move on to whether the ePower does in fact violate Apple's intellectual property rights and if so, whether Daewoo and Future Power should pay damages.

US District Judge Jeremy Fogel said the similarity between the ePower's colour scheme and that of the iMac would cause confusion among consumers.

However, it's clear he believes this is purely a colour-scheme issue, and doesn't take in the physical similarities between the two computers. "There are many ways in which modern lines, bright colors and translucent plastics might be combined in the design of a personal computer," Fogel ruled. "Any of these combinations is available to Apple's competitors, so long as the combination selected is not so similar in appearance to the iMac as to infringe on Apple's trade dress rights."

This is the second premliminary injunction Apple has won against an alleged iMac-cloner. Back in September, it obtained a court order on Japanese distributor Sotec preventing it from shipping eMachines' eOne PC. Sotec is currently shipping a version of the eOne with a rather less iMac-like colour scheme.

Apple also launched a suit in the US against eMachines and its parent companies, Korean Data Systems and Trigem. The US Federal Court has yet to issue an injunction in this case. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.