A Year Ago: Apple sues copycat iMac firm

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
Apple Computer has filed suit against the makers of an iMac look-alike, asking that they be prohibited from distributing the system. The suit, filed in federal court against Future Power and Daewoo Telecom, complains that the E-Power systems, which are Intel-based, "illegally copy Apple's designs". "There is a universe of original designs that Future Power and Daewoo could have created for their computers, but instead they chose to copy Apple's designs," Steve Jobs, Apple's interim CEO said in a release. "We've invested a lot of money and effort to create and market our award-winning designs, and we intend to vigorously protect them under the law." The E-Power systems were debuted last month at PC Expo in the US. The all-in-one systems will come in an array of colours -- amethyst, ruby, topaz, emerald, and sapphire -- same as Apple's iMacs. The systems were scheduled to ship in September, starting at $799 for a system using a 466MHz Celeron processor. Apple famously lost a suit against Microsoft in the late 1980s, when it charged the software maker with stealing the "look and feel" of the Mac OS. In the current suit, the company is asking the court to prohibit Future Power and Daewoo from distributing the systems and award Apple actual and punitive damages. On Wednesday, Future Power spokeswoman Michelle Van Jura said that the E-Power's design was the result of convergence, not plagiarism. "There are only so many ways to build an all-in-one computer," Van Jura wrote in an e-mail. "The most natural design to ensure the smallest footprint is a [convex]-shaped unit." However, Curtis E Karnow, an intellectual property and computer-law specialist in Sonnenschein Nath & Rosenthal's San Francisco office, said the E-Power's shape isn't the only issue. "Functionality is a defence in a trade-dress case," which covers the distinctive appearance of a product, "but the court will ask, 'Is it true that [convex] is the only real option for the smallest footprint?' While Future Power might be able to prove that a [convex] shape is the only option for an all-in-one computer like the E-Power, the company would still have to defend other similarities in design to the iMac, such as colour," Karnow said. Future Power is a joint venture with Daewoo Telecom, based in California. A spokesman for Future Power was not available for comment. MacWEEK's Wendy J. Mattson and Matthew Rothenberg contributed to this report What do you think? Tell the Mailroom. And read what others have said.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

BrownieBoy

@Jack, > Works really well for thieves.... Nice attempt to deflect the argument by tossing in a point that's totally irrelevant, even it were...

13 hours ago by BrownieBoy on AMD Ultrathins to challenge Intel Ultrabooks
bootlegger

Make that 13 people now - I got refused today at Manchester airport. I thought I was up to date on this legislation - I knew of the EU ruling from...

16 hours ago by bootlegger on UK airport body scans will not be opt out
tinycg

Don't forget to check out apps like GoodReader or SlideShark either, they're indispensible for people on the go in presentation situations. Best...

18 hours ago by tinycg on Four top iPad apps for people on the move
TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

23 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

1 day ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

2 days ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

2 days ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

2 days ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

2 days ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

2 days ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

2 days ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

3 days ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

3 days ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint