Printed from http://www.electronista.com

Apple wins upheld ban on Samsung Galaxy Tabs in Germany

updated 07:40 am EDT, Fri September 9, 2011

German court backs Galaxy Tab 10.1 preliminary ban

Apple on Friday won a ruling that upheld a preliminary German ban on the Galaxy Tab 10.1 and beyond in Germany. The Dusseldorf court restriction prevents Samsung's German division from selling not just the one Android tablet but future models like the Galaxy Tab 7.7 until the end of the full trial, which is expected to wrap only within about one year. Samsung can appeal quickly in Higher Regional Court but could face another several weeks without sales.

Judge Johanna Brueckner-Hofmann rejected Samsung's view that Apple's community design was too generic, saying that there were more ways to design a tablet.

"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," she ruled. "For the informed customer there remains the predominant overall impression that the [Galaxy Tab line] looks [like the iPad]."

The court decision also at least for now upholds the community design as valid and could see Apple take action if it wanted against others it believes are infringing on the technology. Local cheap tablet maker Jay-tech has been contesting the design along with Samsung. Without a more significant challenge, however, a chilling effect could exist where other companies are discouraged from shipping tablets that they know look similar to either the Apple or Samsung designs.

Samsung has avoided a Europe-wide ban and was exonerated in the Netherlands. The ban is nonetheless serious as it effectively ends sales of modern Galaxy Tab models in an important country. The Korean company has made a habit of new device introductions at Mobile World Congress in February and could see the Tab 7.7, 8.9, and 10.1 banned even up to the point where they would be replaced by their sequels. Those replacements themselves might be restricted if they aren't significantly different.

Although certain design traits aren't necessarily easy to avoid, Samsung may have condemned itself with its redesign of the Galaxy Tab 10.1 early this year. Two weeks after showing the original 'fat' model, Samsung admitted wanting to redesign to beat the iPad 2. Within just a few weeks it mysteriously had a considerably slimmer design that, while different in some areas, was considerably more reminiscent of the second-generation Apple tablet.



By Electronista Staff
toggle

Comments

  1. ethical_paul

    Fresh-Faced Recruit

    Joined: Mar 2002

    +6

    Ready...set...

    ...let the comment-whining begin!

  1. Jeronimo2000

    Forum Regular

    Joined: Aug 2001

    +7

    :-)

    Yes, I'm gonna get some popcorn and watch the trolls freak out. It's always fun.

  1. koolkid1976

    Fresh-Faced Recruit

    Joined: May 2003

    +9

    Wow

    I guess designing your product and packaging to look exactly like a very successful competitor doesn’t pay off in the long run after all.

    Comment buried. Show
  1. chippie

    Fresh-Faced Recruit

    Joined: May 2009

    -14

    Ultimately Apple Will Fail

    because monitors, telephones, refrigerators, stoves, cars and televisions have specific shapes related to their purpose and how and where people use them. As are all other things people use, like toothbrushes. Apple is barking up a tree the world's courts can not sort out. The world as we know it would cease if every company started suing and winning on trivial points like shape. only Levi's could do jeans, all cars would be Fords, all PCs IBMs and perhaps the heirs to the creator of the humble bag would be the richest people on earth( they probably are anyway!). Pens, pencils, socks, cups, bowls, plates, etc, etc......Apple is becoming synonymous with As_hole!

  1. facebook_Collin

    Via Facebook

    Joined: Sep 2011

    0

    Lets sum up the potential responses...

    1) This is a failure of the patent system!

  1. facebook_Collin

    Via Facebook

    Joined: Sep 2011

    +1

    Potential response 2

    2) Apple copied Samsung (with or without doctored images).

  1. facebook_Collin

    Via Facebook

    Joined: Sep 2011

    -1

    Potential response 3

    2) Apple will ultimately fail because Android is "open" and I am not worried about the Oracle case or the fact that Google is buying Motorola.

  1. chippie

    Fresh-Faced Recruit

    Joined: May 2009

    -7

    Ultimately Apple Will Fail

    because monitors, telephones, refrigerators, stoves, cars and televisions have specific shapes related to their purpose and how and where people use them. As are all other things people use, like toothbrushes. Apple is barking up a tree the world's courts can not sort out. The world as we know it would cease if every company started suing and winning on trivial points like shape. only Levi's could do jeans, all cars would be Fords, all PCs IBMs and perhaps the heirs to the creator of the humble bag would be the richest people on earth( they probably are anyway!). Pens, pencils, socks, cups, bowls, plates, etc, etc......Apple is becoming synonymous with As_hole!

  1. aaanorton

    Mac Elite

    Joined: Sep 2000

    +1

    @ chippie

    Remember to click your heels together as you repeat your wish three times.

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

toggle

Most Popular

Sponsor

Recent Reviews

Logitech Hyperion Fury mouse

Selecting the correct gaming mouse comes down to finding a device that balances the needs of a user with a price they can afford. Ofte ...

Life n Soul BM211 Bluetooth speaker

Bluetooth speakers aren't only for listening to some music at the park or on a long bus ride, but can also be built with tablets in mi ...

Epson PowerLite Home Cinema 2030 projector

With high-definition televisions now the standard, 4K televisions becoming the next big thing, and plasma TVs going the way of the din ...

Sponsor

toggle

Most Commented

 
toggle

Popular News