Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 75

AMENDED COMPLAINT for Federal False Designation of Origin and Unfair Competition, Federal Trademark Infringement, Federal Trade Dress Dilution, State Unfair Business Practices, Common Law Trademark Infringement, Unjust Enrichment, and Patent Infringement against Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. Filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Jacobs, Michael) (Filed on 6/16/2011)

Exhibit 16

Int. CL:9

hior

U.S. Cls.:21, 23,26,36 and 38

IJnited States Patent and Trademark Office

Reg. No. 31470,983
Regisúered Jaly 22, 7fr08

TRADEMÄRK
PRINCIPAL REGISTER

ffi
EEFi
APPLE rNC. (CALTFORNTA CORPORATTON)

I INFIMTELOOP
CUPERTINO. CA

95014

FOR: HANDHELD MOBILE DIcf¡AL ELECTRONIC DEVICES COMPRISED OF A MOBILE PHON4

DIGITAL AUDIO AND VIDEO PLAYER. HANDHELD COMPUTER, PERSONAL DIGITAL ASSIS-

TANT, ELECTROMC PERSONAL ORGANIZER,

POCKET COMPUTER FOR NOTE-TAKING, ELEC.
TRONIC CALENDAR CALCULATOR, AND CAMERA, AND CAPABLE OF PROVIDINC ACCESS TO
THE INTERNET AND SENDING AND RECETVING
ELECTRONIC MAIL, DIGITAL AUDIO, VIDEO,
TEXT, IMAGES, GRAPHICS AND MULTIMEDIA
PILES, IN CLASS 9 (u.S. CLS. 21,23,26,36 AND 38).
FIRST USE 629-2007; IN COMMERCE6-29-2007,

NO CLAIM IS MADE TO THE EXCLUSIVE
RIGHT TO USE ISMSX, APART FROM THE MARK
AS SI{OWN.

THE COI.OR(S) BLACK, BLUE, BROWN, BROWN-

GRAY, GRAY-GREEN, GREEN, ORANGE, RED,
srLvER. TAN, WHrTE AND YELLOW ISiARE
CLAIMED AS A FEATUREOF THEMARK.

A GREEN BACK.
GROUND; THE SECOND ICON IS WHITE WITH A
THTN RED STRIPE ATTHE TOB THETHIRD ICON
DEPICTS A SUNFI,OWER IüITI{ YELI.,OW PETALS,
A BRO1VN CENTER, AND A GREEN STEM IN
FRONT OF A BLUE SKY; TTIE FOURTIT ICON
DEPICTS A CAMERA LENS WITH A BLACK BARREL AND BLUE GLASS ON A SILVER BACKGROUND; THE FIFTH ICON DEPICTS A TAN
TBLEVISION CONSOLE WITII BROWN KNOBS
AND A GRAYCREEN SCREEN; THE SIXTH ICON
DEPICTS A WHITE GRAPH LINE ON A BLUE
BACKGROI,IND; THE SEVENTH ICON DEPICTS A
MAP \VITH YELLOW AND ORANGE ROADS, A PIN
WTIH A REÞ HEAD, AND A RED-AND- BLUE
ROAD SIGN WITH THE NUMERAL T280il IN
WFIITE; THE EIGHTH ICON DEPICTS AN ORANGE
SUN OIÑ A BLUE BACKGROUND, WITH THE
TEMPERATURE IN WHITE; THE MNTH ICON
DEPICTS A WHTTE CLOCK WITH BLACK AND
WHITE SPEECH BUBBLE ON

RED HANDS AND NUMERALS ON A BLACK
BACKGROUNDI THE TENTH ICON DEPICTS
TTIREE BROW}i.GRAY CIRCLES AND ONE ORANGE CIRCLE ON A BLACK BACKGROUND
WITH AWHITE BORDER, WITH THE MATHEMATICAL SYMBOLS FOR ADDTTION, SUBTRACTTON,
MULTIPLICATION. AND THE EQUAL SIGN DIS-

PLAYED IN WHME ON THE CIRCLES; THE ELETHE MARK CONSISTS OF THE CONFIGURATION OF A RECTANGULAR HANDHELD MOBILE
DIGITAL ELECTROMC DEVICE WTTH ROUNDED
SILVER EDGES, A BLACK FACE, AND ANARRAY
oF 16 SQUARE ICONS \)VITH ROTINDED EDGES.
THE TOP 12 ICONS APPEAR ON A BLACK BACK.
GROUND. AND THE BOT-TOM 4 APPEAR ON A
SILVER BACKGROUND. THE FIRST ICÐN DEPICTS THE LETTERS ilSMSI IN GREEN INSIDE A

VENTH ICON DEPICTS A PORTION OF A YBLL,OW
NOTEPAD I'4ITT}I BLUE AND RED RULING, WITH
BROWN BINDINC AT THE TOP; THE TWELFTH
ICON DEPICTS THREE SILVER GEARS OVER A

THATCHED BLACK-AND-SILVER BACK-

GROUND; THE THIRTEENTT{ ICON DEPIOS A
1VHITE TELEPHONE RECEIVER AGAINST A
GREEN BACKGROTJND; THE FOURTEENTH ICON
DEPICTS AWHITE ENVBLOPE OVER A BLUE SKY

WITH WHME CLOUDS; THE FIFTEENTH ICON
DEPICTS A WHTTE COMPASS WITH A WHITEAND-RED NEEDLE OVER A BLUE MAP; THE
SIXTEENTH ICON DEPICTS THE DISTI}*'CTIVE
CONFIGURATION OF APPLICANT'S MEDIA
PLAYER DEVICE IN WHITE OVER AN ORANGE
BACKGROUND.

sEC.2(F),
sER. NO.

77-303.282,

FILED 10-i2-2007

SKYE YOUNG, EXAMINING ATTORNEY