Apple Posts A Clever Samsung Non-Infringement Notice To UK Site
Back in July, a UK judge ruled in favor of Samsung stating that its Galaxy tablets aren’t “cool” enough to be confused with Apple’s iPad and therefore the design for Samsung’s three Galaxy tablets don’t infringe Apple’s registered design. As a result, the court instructed Apple to run ads acknowledging Samsung did not infringe iPad design on its website and newspapers in the UK. Today, Apple has shown compliance to the order but in a pretty clever way, posting a link in the footer of its UK website and also quoting the judge’s statement, “They are not as cool” (via MacRumors).
At the same time, Apple also mentions that the same infringement case was also tried in Germany where Samsung was found guilty. Furthermore, Apple highlights its billion dollar win against Samsung in the U.S. adding that Samsung was handed the penalty for wilfully copying its far more popular iPad.
From Apple’s notice:
On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic(UK) Limited’s Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do notinfringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the Highcourt is available on the following link www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html. […]
“The informed user’s overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool.”
However, in a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design. A U.S. jury also found Samsung guilty of infringing on Apple’s design and utility patents, awarding over one billion U.S. dollars in damages to Apple Inc. So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple’s far more popular iPad.
Apple has been instructed to keep the link on Apple UK website for at least one month, in addition to running ruling acknowledgement ads in the newspapers.