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The UK High Court ruled on 11 July 2012 that the designs of three versions of Samsung’s Galaxy Tablet devices did not infringe Apple’s registered design right. Mr Justice Birss QC looked at whether Samsung’s tablet produced a different overall effect on the “informed user” from that produced by Apple’s design. An “informed user” for the purposes of this case was an individual who used handheld tablets.
The Judge held that although Samsung’s tablets were not identical to those of Apple’s registered design, they were very similar from the front and they used the same screen. However, the details on the side and back were not identical. More noticeably Samsung’s design was thinner than that of Apple making them look like a different, thinner product. Further, the detailing on the back faces of Samsung’s products was much more prominent that that of Apple’s products. Overall, each of Samsung’s tablets gave the impression from the front that they belonged to same family as Apple, but the Samsung tablets did not have the same understated and extreme simplicity which was possessed by Apple’s design and not as “cool”. The overall impression produced to the “informed user” was different. He added that “copying is irrelevant to the issue of infringement” and that the protection of designs was considered by comparing the protected design with the alleged infringed design “side by side”, as well as what the observations of the informed users are.
Apple were required to publish a publicity notice on its website, and place adverts in various national newspapers and other publications saying that Samsung had not infringed its registered design right to “correct the damaging impression” that Samsung was a copycat.
Apple appealed the High Court decision but its appeal was dismissed on 18 October 2012 with the Court of Appeal upholding the decision for Apple to issue publicity notices.
If you have any concerns about an Intellectual Property infringement, then please contact Nasima Ansary on 01689 887877 or by email at nasima.ansary@cwj.co.uk