Dutch Supreme Court rules that Samsung Galaxy Tab 10.1 design doesn’t infringe upon iPad

Sprint Galaxy Tab 2 10.1

 

The Supreme Court of the Netherlands ruled this week that the Samsung Galaxy Tab 10.1′s design doesn’t infringe on design elements of the Apple iPad. This stalls Apple’s plans of trying to get the Galaxy Tab 10.1′s off the shelves in the Netherlands. Apple says that Samsung infringed on the registration of a 2004 “community design” of the iPad. A “community design” in the European Union is a form of intellectual property right that prevents businesses from copying the aesthetics of products.

The court dismissed the case, explaining that while Apple’s design patents were valid, there isn’t much of a case to be made against the Galaxy Tab since numerous other products have also implemented similar designs. The court also noted that the Galaxy Tab is different enough from the iPad to be unique in the eyes of an informed consumer.  Samsung responded to the ruling with a zinger, stating “Apple was not the first to design a tablet with a rectangular shape and rounded corners.”

Source: PC World

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  • Kary

    Every one of Apple’s causes of action will evaporate if courts start using an “informed consumer” standard. ;-)