Apple -v- Samsung: The Registered Design Infringement Case (11 July 2012)
Written by Inam Ali and Rehana Ali on 20 July 2012« Return to Reading Room
Apple claimed that certain versions of the Samsung Galaxy Tablets had infringed its Community Design rights. However a ruling from the High Court this month confirms Samsung has not infringed its rights.
Judge Mr Justice Birss QC stated that although he initially thought the Apple and Samsung products looked similar an 'informed user' would not have thought the same and so the Samsung tablets did not infringe on Apple's Registered Design. The informed users for the purposes of this case were the people that have used handheld tablet computers.
The judge further commented on this case stating that both the tablet designs look almost identical from the front but ''Samsung do not have the same understated and extreme simplicity which is possessed by the Apple design, the overall impression produced is different''.
This is the second High Court case that Apple has lost, the first being a patent infringement case against HTC. The result of these rulings are that the risk of being sued by Apple for similar looking tablets and smart phones may have reduced somewhat, however Apple is known to have a large patent portfolio ready for use as ammunition against its competitors if the need arises!
If you're interested in intellectual property rights and would like to find out more, please call Michael Coyle on 0800 0862 0157 or email email@example.com for a free no obligation chat.
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