Intellectual Property

Running head: INTELLECTUAL PROPERTY
Intellectual Property
[Name of the Student]
[Name of the University]
[Author note]

1INTELLECTUAL PROPERTY
Intellectual property or the IP is generally refers to a broad category which consists of set
of intangibles which are described in a proper way. This intangibles along with being owned are
also protected legally by the company from any kind of usage outside the organization or
stopping the implementation without consent. Intellectual property might be consisting of secrets
related to trade, copyrights, patent and trademarks or simply the ideas. The concept related to
intellectual property is related to the existence of certain products and should be associated with
affording the same protective rights which are applied to the physical property (Bajwa, 2014).
Most of the economies which are developed is consisting of legal measures which are put in
place so as to protect both forms of property. This essay would be discussing about the
infringement of the Intellectual property of any kind of IP-protected innovation of one firm by
another firm. In this essay we would be discussing about infringement of the IP of Apple by
Samsung.
Apple had been associated with charging Samsung and this is one of the remarkable
infringement of the IP due to numerous reasons not only because of being one of the Apples
critical component suppliers. Samsung being a Korean giant manufactures is associated with
receving their resources from the DRAM and besides the SSDs used by the MacBook Pros to
which ranges from the A4 toA5 processors are seen to be used in the iPhone, iPod Touch and
other Apple devices (Yıldız, 2014). However this type of relationship has not been associated
with softening the tone of Apple and the organization had been associated with making an
complaint which stated that the organization Samsung instead of perusing any kind of
independent product development procedure had been associated with choosing the path of
slavishly copying the innovative technology of Apple along with the unique user interfaces and

2INTELLECTUAL PROPERTY
the elegant and unique packaging design of Apple. All this were considered to be a violation of
the Intellectual property rights by Samsung.
The takeaway was very much simple for Apple and the reason behind this was that the
organization was at all afraid of sue anyone whenever it is related to their intellectual property
(O'Rourke, 2011). Apple had also been associated with demanding the stop of infringement of
the IP from Samsung along with providing them with an option of paying a royalty however
Samsung had been associated with refusing this proposal
The complaint lodged by Apple consisted of few interesting nuggets and this included the
selling of almost more than 60 million iPods touches in the year of 2011 in March which was the
first time ever break out of particular device and besides this almost 108 million iPhones along
with 19 million iPads were also sold in the same year (Kim & Song, 2013). Besides this Apple
had also been associated with spending an amount of more than $2 billion upon advertisement of
the products in the fiscal year of 2007 to 2010.
Apple had been associated with making several claims and all the claims have been listed
below structurally.
First Claim: Infringement of the Trade dress under 15 U.S.C. § 1125:
Trade dress is associated with filling the gaps that generally exists between the three that
is the patent, copyright and the trademark (Walla, & Schweiger, 2017). Trademark and the trade
dress is entirely associated with dealing with the protection of the customers so as to make sure
that they are not misled in the marketplace which means the main idea are being clearly indicated
the source of the product or service. Some of the Apples trade dress which has been infringed by
Samsung have been listed below: