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I am not a lawyer but it seems to me that the concept of trade dress is being abused here.

Trade dress like trademark doesn't exist to protect design. It exists to prevent consumers from actually thinking they are buying a different product. However much of a "knock-off" this might be, can you seriously argue someone would actually believe this is an Apple? Seriously.



You don't argue it, you do surveys and see if it confuses people. Remember, trade dress doesn't just protect the dress as seen in store. It protects, e.g., someone noticing their neighbor's new computer that she says she is very happy with. I can totally see an unsophisticated consumer confusing the two.




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