Back in July, a UK Judge had ruled that Samsung’s Galaxy tab did not infringe on Apple’s iPad as “it’s not as cool” as Apple’s product.
While the judge took a dig at Samsung, the ruling was more adverse for Apple as the judge had ordered Apple to publicly acknowledge that Samsung didn’t copy the iPad on its website.
The judge had also ordered Apple to run “apology” ads in the Daily Mail, Financial Times, T3 Magazine and other publications to “correct the damaging impression” that Samsung was a copycat. Apple had naturally appealed the ruling.
BBC now reports that Apple has lost its appeal against the ruling that Samsung had not infringed on its design patent.
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 appeal judges have also ordered Apple to publicly acknowledge that Samsung didn’t copy the iPad on its website and run the “apology” ads in the news publications.
“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.
Not surprisingly, Samsung has welcomed the ruling and issued the following statement:
“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 has declined to comment on the ruling. We expect Apple to appeal the ruling in the UK Supreme court.
Do you think it is ridiculous to expect Apple to post a notice on its website about Samsung not copying the iPad? Or should courts do this more often to prevent companies from suing for everything. We would love to hear your thoughts.
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