Court Will Take a Second Look at Galaxy Tab Sales Ban

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voyager360

Let's not kid ourselves, okay? This ban is about to be nix'd allowing the sale of Galaxy tablet to proceed in the U.S.

Galaxy looks a lot like an iPad. Okay, this is to be expected. Companies copy (steal) the ideas from other companies just as good artists steal from other artists.

The Acura RDX looks a LOT like the Lexus RX 350. Ford makes a similar looking model called the "Edge."

Car companies copy / steal top selling car and truck designs from other car companies all the time.

Exercise: Go to your window and look at your company's parking lot. Can you locate your car in less than 10 seconds? If you're honest with your answer, I'm betting you'll have a hard time finding your car amidst thousands of similar look a-likes.

Did Acura sue Ford for a similar body style as their Acura RDX? Nope.

Did Groupon sue LivingSocial.com for coming out with another carbon copy idea as theirs or vice-versa?

Hydrox copied Oreo Cookies. RC Cola and Pepsi copied Coca-Cola. Oh my God, the sky is falling, run... run... RUN FOR THE HILLS!

Jokes aside, this is simply how business goes. It's dog eat dog out there. It happens every day, every month, every year. Pick up your favorite print (or digital) copy of the Wall Street Journal and read the front page. There's so much of this crap out there it's become "white noise," for me.

Apple sues Galaxy. (Yawn). Turn the page.

Apple's iOS cool looking icons / and graphical user interface has resulted in millions of inspired artists creating iPhone/iPad-like icons and selling the crap out of them in stock photos sites like iStockPhoto.com.

I can't be the only one wondering why Apple isn't suing thousands of artists creating and selling knock off iPhone looking icons, user experiences and websites that look a lot like their iPhone or iPad interface? I've created quite a few iOS inspired designs over the past few years, including work I've sold to Fortune 500 firms.

Neither my mail box (or my customers) has yet to get a single nasty gram from any Apple attorney claiming I've ripped off Apple Computer. Maybe one of the reasons is that filing a copyright, trademark or patent dispute is expensive. You've heard the expression, "Don't make a Federal case out of this," right? Well when it comes to matters of intellectual property, only the higher courts can hear and make rulings on them. You can't sue the DreamWeaver kid down the street for copying your website design in Magistrate Court. The Federal courts are reserved for hearing and ruling on intellectual property matters and it's expensive.

Try $20,000 for starters for even a small case. So it follows, suing 102,900-plus graphics or web people all cranking out icons and interfaces that look like Apple's iPhone or iPad would mean spending a few billion dollars just to try them.

Since 84% of all civil lawsuits filed by the plaintiff never get see the light of a courtroom, you don't need an HP financial calculator to see that Apple suing everybody that even thinks of creating an iPhone look alike icon becomes nothing more than a colossal exercise in gross stupidity.

Rule of Thumb: Great artists, like great companies steal. The Galaxy tablet simply stole the iPad interface. It's no big whoop. What does Apple do? They send in the clowns. Er, I mean the attorneys. Same thing as far as I'm concerned. They're the ones laughing all the way to the bank making $300 or more an hour.

Mommy! Mommy! That bad man in Korea stole my idea. I'm gonna sue you, now. You wait. My attorneys can beat up your attorneys. Womp wah, womp-womp wa-wah-wah. It's that muffled horn sound you hear when Charlie Brown is talking to his teacher.

Taking my rage out on our competitors with my M-16 (yes, I really own one and have ever since I left the military) or filing lawsuits against them simply robs us from what we do best. There's only 24 hours in a single day.

We can either:

(a) waste our time filing lawsuits, or
(b) shooting wanna be competitors, or
(c) we can focus on our customers.

We chose the latter. Just as Apple should be doing the same.

The book, "The Art of War," by Tsun Tzu taught us to fight the enemy where they are not. So we did and our P & L statements say we're winning the war. Our company income was up 287% in 2011 over 2010. And this year it's going to be over 392% over what we made in 2011. We didn't file a single lawsuit, I didn't shoot a single competitor, either.

We are blessed to have big name brand clients Wyndham Resorts, ABC's SharkTank; EzVIP, Sheraton Hotels, Procter and Gamble and the FBI just to name a few.

Our competition can copy our website or look and feel just as Galaxy copied the iPad. But Korea can NEVER duplicate Apple's innovation and first to market, life changing products. And we've made sure our competitors can never duplicate our service and training we provide to our clients.

Bottom Line: This entire lawsuit is simply much ado about nothing. Period.

Like Coca-Cola, Apple's iPad is the real thing.

The Galaxy tablet is nothing more than a 2nd rate, RC Cola, carbon-copy of the original iPad.

Two things will happen before Christmas that you can bet on.

1.) The Government steps in and shuts down the lawsuit by either coercing Apple Computer to drop the lawsuit or bribes the judge to a higher court in which he dismisses the case with prejudice (meaning it cannot be brought up again in the future). Billions of trade dollars are at stake with the 2011 (KORUS FTA) Korean Fair Trade Agreement.

2.) The Judge on his own, throws out the Apple lawsuit because it violates Sherman Anti Trust or Restraint of Fair Trade, thus allowing the Galaxy to be sold in the U.S.

Nuff said on this subject.

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