Good summary, Aussie2B. I would agree with your assessment.

But don't just take my word for it. As each of us are laymen, let's hear from some real lawyers!

  1. Look and Feel in Computer Software | ComputerLaw Group, LLP
  2. Practical Law 101 For Indie Developers: Not Scary Edition
  3. Legal Battle Royale: Not Boring Edition
  4. Practical IP Law for Indie Developers 301: Plain Scary Edition

I would say that Apple v. Microsoft, 779 F. and Data East USA. Inc. v. Epyx Inc., 862 F.2d 204 (9th Cir. 1988) are of particular interest.