Tech: UK Court tells Apple to run ads saying Samsung didn't copy

Jameson Teqkilla

Quote:

Apple has lost its appeal against a UK ruling that Samsung had not infringed its design rights.

A judge at the High Court in London had originally ruled in July that the look of Samsung's Galaxy Tab computers was not too similar to designs registered in connection with the iPad.

He said at the time that Samsung's devices were not as "cool" because they lacked Apple's "extreme simplicity".

Apple still needs to run ads saying Samsung had not infringed its rights.

The US firm had previously been ordered to place a notice to that effect - with a link to the original judgement - on its website and place other adverts in the Daily Mail, Financial Times, T3 Magazine and other publications to "correct the damaging impression" that Samsung was a copycat.

The appeal judges decided not to overturn the decision on the basis that a related Apple design-rights battle in the German courts risked causing confusion in consumers' minds.

"The acknowledgment must come from the horse's mouth," they said. "Nothing short of that will be sure to do the job completely."

However, they added that the move need not "clutter" Apple's homepage as it would only have to add a link entitled "Samsung/Apple judgement" for a one-month period.

A spokeswoman for Samsung said it welcomed the latest ruling.

"We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners and that the origins of Apple's registered design features can be found in numerous examples of prior art.

"Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited."

Apple declined to comment. It can still appeal to the UK Supreme Court, otherwise the ruling applies across the European Union.

Registered design
Three judges were involved in the Court of Appeal review of the case.

Apple had reasserted its claim saying that the front face and overall shape of the tablets was the most important factor - rather than the overall design - because users would spend most of their time looking at a tablet's screen and holding it.

Despite Samsung's efforts, studies suggest the iPad remains the bestselling tablet on the market
One of the judges - who noted he owned an iPad himself - explained why Apple had lost the appeal in his ruling.

"Because this case (and parallel cases in other countries) has generated much publicity, it will avoid confusion to say what this case is about and not about," wrote Sir Robin Jacob.

"It is not about whether Samsung copied Apple's iPad. Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design according to the tests laid down in the law."

"So this case is all about, and only about, Apple's registered design and the Samsung products."

Sir Robin noted that Samsung's decision to place its logo on the front of its devices distinguished them from Apple's registered design which said there should be "no ornamentation".

He also highlighted the fact that the sides of the iPad's design - which featured a "sharp edge" - were significantly different from those of the Galaxy Tabs.

In addition, Sir Robin wrote that Samsung's designs were "altogether busier" with a more varied use of colour on the devices' rear and their inclusion of a thicker section to house a camera.

International lawsuits
Apple has now lost a series of lawsuits against Samsung based on the design of their tablets.

These include cases in the Netherlands, Australia and US - despite sometimes winning temporary sales bans.

However, the California-based company has been more successful with other claims.

Most notably a US jury proposed Samsung should pay Apple a $1.05bn (£650m) fine for infringing several software patents, and the look and feel of the iPhone. Samsung is appealing the verdict.

Those ads are going to be MESSY

Igrt

Apple needed that.

STMG23

Good thing they get called out.

Eaten By Lions

I'm torn.

I really think that Apple was being a bully by initiating that lawsuit against Samsung in the first place. Samsung (among others) have clearly taken influence from Apple and there is nothing wrong with that. Apple themselves have taken ideas and influence from other companies.

But this ruling is kind of doing the most. I would be pressed because Samsung is taking shots at Apple producers and consumers on both TV and print. And now Apple have to somehow position Samsung in a positive light at the same time Samsung takes potshots at Apple?

But you know...Apple is a leader and they could use being knocked down a few pegs for the sake of us the consumers.

sticks

Apple needs this. Their ego is massive, and they've lost their original integrity.

-Lewymocha-

Wait... but the judge dragged Samsung to the absolute pits

Jameson Teqkilla

Quote:

Originally posted by -Lewymocha-

Wait... but the judge dragged Samsung to the absolute pits

He did, he better serve that unbiased JUSTICE

H-I-M

The #1 smartphone seller getting promo from the #2 smartphone seller ?
Get that money Sammy

Kworb

Great news

Georges

Humiliating.

Giacobbe

They're gunna draaaaaaggggg Samsung with those adds

I can already picture it: An unattractive man with his Samsung phone is with an attractive group of people with iPhones, he tries telling them that he wants to be like them + he can do all the stuff they do. They mock him and say "that looks nothing like us", smack the phone onto the ground, then hand him a new iPhone, and finally he gets included in their social group

Maiko

Quote:

Originally posted by Giacobbe

I can already picture it: An unattractive man with his Samsung phone is with an attractive group of people with iPhones, he tries telling them that he wants to be like them + he can do all the stuff they do. They mock him and say "that looks nothing like us", smack the phone onto the ground, then hand him a new iPhone, and finally he gets included in their social group

Watch Apple steal your concept, leaving you cute and uncompensated.

Haus

Quote:

Originally posted by Giacobbe

They're gunna draaaaaaggggg Samsung with those adds

I can already picture it: An unattractive man with his Samsung phone is with an attractive group of people with iPhones, he tries telling them that he wants to be like them + he can do all the stuff they do. They mock him and say "that looks nothing like us", smack the phone onto the ground, then hand him a new iPhone, and finally he gets included in their social group

They shouldn't do it any other way tbh

Giacobbe

Quote:

Originally posted by mrmaiko

Watch Apple steal your concept, leaving you cute and uncompensated.

I'd be 200% fine with that tbh, I'll give them all my ideas and they don't have to credit me, just drag the **** out of copycatsung

Quote:

Originally posted by Haus

They shouldn't do it any other way tbh

Make it a mockery of the Samsung commercials

jomarr

I love it.

Somebody needs a taste of their own expired from 2 years ago medicine

ABEL-o-matic

Quote:

Originally posted by Giacobbe

I'd be 200% fine with that tbh, I'll give them all my ideas and they don't have to credit me, just drag the **** out of copycatsung

Make it a mockery of the Samsung commercials

Oh my god June.. The drag.