May 20 2013 Latest news:
Monday, July 9, 2012
A judge at London’s High Court has ruled that Samsung’s Galaxy tablet computer is not “cool” enough to be confused with Apple’s iPad.
The American electronics giant had argued the Samsung Galaxy Tab was too similar to its own product, but the claim was dismissed today.
Judge Colin Birss QC said: “They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool.”
He said consumers were not likely to get the two tablet computers mixed up and ruled the Samsung tablets do not infringe Apple’s registered design.
The judge said that while the Tab and iPad look similar from the front, he noted differences in the thickness and details on the backs of the devices.
“There are some minor differences but to my eye there are two major differences. The most important difference between the Samsung Galaxy tablets and the Apple design is the thinness of the Galaxy tablets. The next most significant difference is the detailing on the back of each of the tablets.”
The judge added: “To an informed user, the Galaxy tabs do not merely look like a thin version of the Apple design, they look like a different, thinner design of product.”
Apple has been given 21 days to appeal against the decision.
A spokeswoman for Samsung welcomed the ruling and accused Apple of “excessive legal claims”.
She said: “Samsung welcomes today’s judgment, which affirms our position that our Galaxy Tab products do not infringe Apple’s registered design right. As the ruling proves, 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.”
An Apple spokesman said he would not comment specifically on today’s ruling but reiterated the company’s earlier claims against Samsung: “It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging.
“This kind of blatant copying is wrong and, as we’ve said many times before, we need to protect Apple’s intellectual property when companies steal our ideas.”