Judge issues injunction against producers of iMac lookalikes

A Silicon Valley federal judge plans to block two companies from making, selling and distributing lookalikes of Apple Computer's iMac boxes by issuing injunctions against them.

The injunctions, which are expected to be issued later this week against Future Power and its backer, South Korea's Daewoo Group, will be granted in response to Apple's motion for a preliminary injunction, which was heard in October.

Apple alleged in its suit, which it filed in July, that the products in question looked too similar to the iMac and would create confusion in consumers' minds.

At the time, Steve Jobs, Apple's interim chief executive said: "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."

The only holdup in issuing the injunctions, according to US District Judge Jeremy Fogel's order, will be determining how much of a bond Apple must post in the event of the injunction being invalidated.

Fogel said that even though the iMac was a relatively new product, Apple had presented evidence that it had "established an association between the iMac and Apple in the minds of the public".

"The court concludes that Apple is likely to prevail on its argument that the particular combination of shapes, colours, and translucent elements, which make up the iMac's trade dress is inherently distinctive," he added.

Apple has also filed a similar lawsuit against eMachines, a maker of inexpensive Pcs, and the case is pending before the same judge.

The lawsuits over the design of the iMac are based on trademark law. In order to succeed, Apple will be required to show that the iMac design is either "inherently distinctive" or has acquired "secondary meaning" and that consumers will be confused thinking the rival computers are Apple's.

Apple declined to comment on the ruling.