TM/design patent question of the day

Consider the iPhoney:

Does this infringe any rights Apple might have?  We know the trade dress is functional for phones; I would argue that the trade dress is functional for realistic toys as well (and possibly more so, given what a kid could do with a sharp edge).  And the design patents?  What about dilution for the name “iPhoney”?

from Blogger http://ift.tt/28MADjd

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