Poets vs plumbers

And the battle of the rounded rectangles approaches its endgame. The long-running lawsuit between Apple and Samsung the former seeking redress for patent infringement has now been referred to the US supreme court. It is the first time in decades that the country highest legal body has been asked to adjudicate on a design patent issue.

It is a case that has received surprisingly scant attention internationally. That's perhaps because it is playing out in another country under a law that doesn't hold elsewhere . Perhaps because the UK 's own local chapter of what's been described as a worldwide constellation of of litigation between the two companies concluded year ago (it found that Samsung did not copy the iPad).

Plus it's complicated as testified by the multiple appeals against the initial $1bn award in Apple favour .
But the Supreme Court's judgement on the namelessly what portion of a copied product's profits can be awarded in damages to the patent holder will affect not just the businesses in question but any company that invests in design.

It is this broader some might say existentialist threat the value of design in the eyes of the law if you like that moved 111 of the world's leading designers to sign a letter last month supporting Apple case.
Lord foster sir paul smith Sir terence conran calvin klein dieter Rams and Dries van Noten are among the signatories.

They have chosen to add their weight to the debate not from some deep seated affection for the Apple brand indeed they are at paint to be brand agnostic but rather to support the principle fist established by the US Congress 129 years ago that it is the design that sell the  article and by turn that profits accrued by copycat products should be forfeited.

In doing so they find themselves lined up against tech giants including Google and Facebook that are already siding with Samsung in the interests of freer innovation protocols and consumer choice.
So on one hand we have a fist class brand case study in play. They helps a billion dollars of case on  the table and more in reputation gain or loss for these two behemoths.

On the other we now have a broader battle between the design community and big tech between creative and the man .
Exaggerated  as that is there its worth noting on both sides of the argument and its worth noting that Samsung has successfully counter sued Apple elsewhere that narrative appeals if only because it echoes broader anxieties the brand building and especially the advertising business.
Just who is wearing the trousers these days . creative dude or tech guy Are we poets are we plumbers


        

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