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A document listed as Interim Instruction on Likelihood of Confusion for Trade Dress Infringement Claim was filed in Court on Thursday. The provided a guideline on how the jury should go about evaluating Apple’s claim of Trade Dress Infringement. Some individuals may think that it is almost impossible for someone to confuse a Samsung Tablet or Smartphone device (with all its logo) with an Apple product. This document seeks to address the issue of what “Likelihood of confusion” entails in a trade dress infringement claims.
According to the document the jury is instructed as follows:
One of Apple’s claims in this case is for trade dress infringement. Apple’s trade dress infringement claim will require you to resolve, among other things, whether Samsung’s Tab 10.1 is likely to cause confusion about the source of Samsung’s products. A likelihood of confusion is not required for the parties’ utility or design patent claims. There are two things I want to clarify about the “likelihood of confusion” requirement for trade dress infringement claims.
First, to prevail on its trade dress infringement claim, Apple must prove that Samsung’s Tab 10.1 is likely to cause confusion. Apple does not need to prove that there have been instances of actual confusion in the marketplace. In fact, actual confusion is not required for any claim in this case.Second, to prevail on its trade dress infringement claim, Apple must prove that confusion is likely to occur at some point in time. But Apple does not need to prove that consumers are likely to be confused about the source of Samsung’s products at the point of purchase. In other words, Apple need not show that a consumer has purchased a Samsung product, or is likely to purchase a Samsung product, while thinking that it was an Apple product. The likelihood of confusion that a trade dress infringement claim requires can occur after a Samsung product has already been purchased, when someone other than the purchaser views the Samsung product. It can also occur before purchase, if a consumer would likely be attracted to a Samsung product because it looks confusingly similar to Apple’s trade dress.
