Daewoo disputes iMac copycat claims

Daewoo Group and its California based distributor Future Power are demanding a retraction of Apple Computer's announcement that it has won an injunction against them, claiming it is misleading.

Apple filed a suit against Daewoo and eMachines last year alleging that the companies' computers had copied the look of its iMac consumer PC.

But the vendor has now posted a notice to its website saying: "Apple announced today it has successfully concluded its iMac trade dress infringement cases against Daewoo and eMachines by securing worldwide injunctions that prevent the two companies from manufacturing, distributing, selling or promoting their respective computers, E-Power and eOne."

It adds that the court also granted an injunction against Future Power's distribution or sale of the E-Power PC.

But John Gorman, an attorney at law firm Gorman & Miller, claimed that Apple and Daewoo had reached a negotiated settlement in early March which permits the sale of E-Power in a "silvery blue" coloured plastic casing.

He added, however, that the injunction prohibits Daewoo from selling E-Power computers and other machines with a similar shape and size in Bondi Blue, Blueberry, Tangerine, Strawberry, Grape, Lime and Graphite for a limited period of four years.

But he claimed that no settlement had been reached between Apple and Future Power and the distributor intended to pursue the claims made in the lawsuit."Apple has no legal right to monopolise the sale of coloured computers. Future Power's intention is to vigorously contest Apple's trade dress claims. There is no realistic likelihood that consumers will confuse a Windows based PC that is clearly labelled as an 'E-Power by Future Power' with an iMac," Gorman said.

An Apple spokeswoman said the vendor's assertion that "the case against Daewoo was settled after the US District Court in San Jose entered a preliminary injunction barring the sales of Daewoo's E-Power computers" referred to an agreement made in mid-February between Apple and Daewoo.

Although she declined to discuss the terms of the agreement, she claimed that it had resulted in Daewoo withdrawing from the outstanding case.

As a result, the situation with Future Power remains unclear. However, Bill Voecks, the firm's general manager, said: "As far as I know, the situation is the same", and a case management conference was still scheduled for 10 April.

He added that Daewoo was "in the process" of introducing a "silver-blue" version of the E-Power to the US market within 45 days.