Related Articles
First it was banned, then allowed for sale, now the ban has been upheld. A German court has ruled the Samsung Galaxy Tab 10.1 did infringe Apple’s design, and has banned the tablet from sale. These legal wranglings are never ending.
The court was asked to reconsider a previous ruling that said Samsung’s tablet copied Apple’s iPad. Dusseldorf regional court judge Johanna Brueckner-Hoffmann stated the “minimalist, modern form” of the two meant there was a “clear impression of similarity.” Call us cynics, but isn’t almost every gadget “minimalist” and “modern” nowadays?
The ban is just the latest round in the legal battle between the two companies. The Galaxy Tab 10.1 had barely been on sale in Britain a week before it was originally banned, thanks to a complaint from Apple that it copied its design, right down to the packaging and accessories. Its preliminary injunction for violation of intellectual rights was granted by the court in Dusseldorf, leading to it being banned all over Europe, except for the Netherlands, where Apple is pursuing separate proceedings.
Round one: Apple.
Less than a week later, however, the ban was lifted. The same court ruled that there were questions still to answer, so relaxed the ban everywhere except Germany. Then questions were raised over the evidence Apple submitted. The image appeared to squash down the Galaxy Tab so it looked more like an iPad 2 than the device actually does.
Round two: Samsung.
But then Apple managed to get the Galaxy Tab 7.7 banned from Germany, just after it went on show at IFA.
Round three: Apple.
Oh, and since then, Apple has decided to sue Samsung in Japan, asking a court to ban the Galaxy S, Galaxy S2, and Galaxy Tab 7.7, claiming it copied the design.
Phew. So does Apple have a point, or should the two bury their differences? Let us know via our Facebook page.
