With all the heavy tech talk as of late concerning the third version of the already iconic iPad along with a 5th generation iPhone, it again looks like Apple has their work cut out for themselves, both creatively and legally.
As it stands now, electronic giant Samsung is in the midst of suing Apple over alleged patent infringement. Apple in turn threatens to counter sue over basically the same allegations.
As already discussed in one of my previous blogs, one cannot trademark an idea. They can only lay claim to their version, or unique interpretation of said idea. With the recent technological boom of smartphones and tablets, it would appear that all of said products share some similarities. In fact, many of Apple's products share components with other rival companies such as Sony and Samsung themselves.
When companies such as Apple and Samsung start engaging in legal battles over who stole from who first, it creates somewhat of a chilling effect among competitors. It also presents a "Who came first, the chicken or the egg" type scenario. Often times it is too hard to tell who originated what and more often than not, the true "originator" of an idea, such as the iPod, iPaD, Blackberry, Laptop PC, Atari 2600, etc. is a third party who is sadly left out in the cold.
With all the rapid innovation out there right now, the focus should be not on who thought of what first, but instead on how to perfect things and make them more universally proficient for world wide integration.
On a related note, I am still getting over the shock that the iPad I received for Christmas this past year is considered old and "obsolete." What will "they" think of next!
Martin A. Carbone, Esq., Attorney at Law, Carbone & Carbone LLP
www.carbonelawyer.com
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