Tuesday, June 21, 2016

TM/design patent question of the day

Consider the iPhoney:
Does this infringe any rights Apple might have?  We know the trade dress is functional for phones; I would argue that the trade dress is functional for realistic toys as well (and possibly more so, given what a kid could do with a sharp edge).  And the design patents?  What about dilution for the name "iPhoney"?

No comments: