Former Apple employee, and Mac iconographer Susan Kare testified in the Apple vs. Samsung trial earlier this week, and one part of her testimony showed how Apple’s “Samsung copied us,” argument can be summed up in one single point. A single flower.
TNW:
Apple has a trademark on most of its core icons, including Photos, Messages, Notes, Contacts, Settings and iTunes. All of these are named as infringed in the original suit, though some of the claims have been narrowed down in the current trial.
The most potent example of the copying that Apple is alleging, however, comes in the form of the Photos app.
Kare describing the Photos app’s icon, and breaking down why the image in the icon was used:
This image appears to be a realistic illustration or photograph of a single sunflower matted against a blue sky background as a symbol for the Photos application (used for viewing photos on the device). The flower evokes a photograph but is an apparently arbitrary choice for a category often represented by iconic vacation scenes (e.g., beaches, dogs, or mountain landscapes). It symbolizes photos, but it does not suggest a literal representation of a printed photo or typical digital photo aspect ratio. It seems to be a generic photograph—without a reference to any particular camera or photographic end product. The sunflower is a non-controversial subject that is not specific, such as a photo of a particular, identifiable person or place, and the blue sky both provides contrast against black and is a general symbol of optimism. It also echoes the sunny day image on the Weather icon.
TNW points out that the image used, a yellow sunflower with green leaves, is completely arbitrary. It could have been any image. But Apple chose the sunflower for the reason Kare outlined. “It’s non-threatening, non-specific and it shouts ‘photograph’.”
When Samsung began to design their icons and came to the icon for their Photos app, they could have chosen any image available to represent a photo. Anything.
Samsung’s choice? A yellow sunflower with green leaves.
Apple is using Kare’s testimony to prove their argument that this choice shows a blatant decision to copy Apple’s icon. It argues that this decision carries over to the other icons as well.
Apple is hoping to appeal to the court of common sense. They’re hoping that the jury will see that Samsung decided to take the easiest path when designing their products, looking at what Apple had done, and copying it.
