Back in August, A Dusseldorf issued a preliminary injunction on the Samsung Galaxy Tab 10.1. It was originally for all of Europe (minus the Netherlands), but later changed to just Germany.
Today, the same court upheld that injunction which means the Samsung Galaxy Tab 10.1 is banned from any sales in the country. Presiding Judge Johanna Brueckner-Hofmann said the following when delivering the verdict:
“The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible. For the informed customer there remains the predominant overall impression that the device looks like the design Apple has protected in Europe.”
The judge said the court didn’t compare the Galaxy Tab 10.1 with the actual iPad, but instead focused on a design Apple filed with the European Union intellectual property agency in Spain.
“Samsung’s tablet didn’t keep enough distance from the Apple design,” the judge said. “While the back of the Galaxy is different from Apple’s registered design, the important feature is the front, which is nearly identical,” she said.
“The crucial issue was whether the Galaxy tablet looked like the drawings registered as a design right,” she said. “Also, our case had nothing to do with trademarks or patents for technology.”
Samsung said it would appeal as the ruling “severely limits consumer choice in Germany,” and “restricts design innovation and progress in the industry”
So there you have it, a happy day for Apple and their fans. It is sad that a product can be banned for just looking similar. I am trying to figure out why the laptop I am typing this on is not banned for looking like my neighbor’s.
[via bloomberg]