[Breaking] Apple is victorious in getting Samsung Galaxy Tab 10.1 banned in Germany

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]

About the Author: Robert Nazarian

Robert lives in upstate New York where he was born and raised. Technology was always his passion. His first computer was a Radio Shack TRS80 Color that used a cassette tape to save programs, and his first laptop was a Toshiba T1200FB that sported a CGA greyscale screen and two 720kb floppy drives (no hardrive). From the early 90’s through late 2011, he only owned Motorola phones starting with the MircroTAC all the way through to the Droid X. He broke that streak when he bought the Galaxy Nexus. Now he's sporting a Galaxy Note 4, and absolutely loves it. He has a wonderful wife and a 6 year old son. In his free time he enjoys sports, movies, TV, working out, and trying to keep up with the rapid fast world of technology.

  • ” 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.”

  • wow….just wow

  • Honestly speaking Android is successful OS than I apples os .Its an absolute competition for an apple to outnumber the users and market of Android.

  • Venca

    All fronts of tablets look like similar… like all bananas look like similar. I am happy I am not from Germany…

  • Peter McCain

    I think we all knew this would happen. We used not like Samsungs galaxy line because of how similar they were to apple’s products. But it is because Samsung products are simply the best that android manufacturers can produce, we started to protect them again and like them too much. The looks and their skin UI are just too similar to apple products that it really it’s a shame.

  • archboy

    It is sad that the German law is also as idiotic as the on going patent war in the US. I see your point in that so Apple is going to start banning all laptop because it looks like theirs? So Samsung should make a 5″ block tablet with VGA screen so that it doesn’t look like that other? Leave it to the Germans for logical thought process.

  • djdenero

    I told Samsung time and again to use my star shaped tablet design but they would not listen. They said apple doesn’t design or manufacture these parts they just pay for them and have them assembled. No I said apple have invented everything, the wheel, flight, internal combustion engine, spaghetti. We should kneel and pray at the great apple who magically invents things after others have done so. Haha. Don’t touch your screen! we invented that! F**k you apple! Got an hp touchpad and put an android rom on it for peanuts. How do like them apples!LOL
    Rantings fun, I should have started years ago…

  • Frank

    I do not understand the rants; the Samsung Galaxy Tab 10.1 is simply from a design a copy of the Apple iPad. They did not do any great effort to make it different.
    Apple is strong in making minimalistic designs, and Korean designs simply are not which for me proves too that this is a copy-cat by Samsung.
    And lets keep it very simple; when Apple would not have introduced the iPad as is, tablets would not have been so successful as it would all turn around getting the Windows experience to a tablet. Something which had already failed over and over again.
    Same for the smart-phone with touch we know now; Apple went not the route of copying the, at that time, successful BlackBery design with miniature keyboard. Instead they went for a darn good touchscreen keyboard design which would pop up when needed. Not revolutionary, but the combination of mobile Operating System (and it’s evolution), touchscreen, dedicated (not linked to desktop) OS, and later the App Store made the difference for lots of users and the industry. Without this shift in interpretation and definition of the smart-phone (and tablets), Android would still be picking its nose, we would still be hooked to the “great” user experience delivered by Microsoft, Nokia, and Linux based OS-es which simply would not have brought the user-experience people want.
    So lets better challenge Samsung to come up with something that MAKES A DIFFERENCE. So far I have not seen anything from them, period.

  • djdenero

    Hollow victory as they have not stopped anyone from buying in Germany. That’s the way it should be. Boohoo apple! We don’t have to buy your overpriced crud after all!