Apple has been ordered by a UK judge to run the ads mentioning that Samsung has not copied the design of its iPad. The judge said that one notice must remain on Apple’s UK official website for at least a period of 6 months while other ads are to be posted in various mainstream newspapers and magazines. The court said that adverts posting must be given with the reference of the court case and should be designed to “correct the damaged impression” of Samsung that it copied iPad.
An Attorney for Apple argued that mentioning Samsung on Apple’s official website would count as an advertisement for their rivals on their own site.
In a court hearing earlier this month, the judge said:
“They do not have the same understated and extreme simplicity which is possessed by the Apple design, they are not as cool. The overall impression produced is different.”
The court said that they have found two significant differences between Apple’s iPad and Samsung’s Galaxy Tab, i.e.
- First and the most important difference between both designs is that Galaxy Tabs are significantly thinner than that of Apple’s iPads, which are almost twice as thick as any of the Galaxy Tabs.
- The second difference is the detailing on the backside of the Galaxy Tab, which made them marked out as unusual in the tablet market.
Apple’s claim only seems to be somewhat right if the front faces of Galaxy Tab and iPad are compared, as both have the same screen style which gives the impression of Galaxy Tab being a copy of the iPad.
Samsung also requested the court that Apple should be stopped from restating that its design rights are being infringed, but the request was refused.
Apple had its second defeat at the High Court in less than a week as just last Wednesday it lost a case over Prize Technology Patents to HTC, the Taiwanese Android manufacturer. The court said that patents were invalid because many of the obvious features covered were not being infringed by HTC.
Although Apple has had its hard time-fighting Samsung in UK courts, it did enjoy some success against the Galaxy Tab in other countries. For example, last month the US District Court Judge found that Samsung infringed some of Apple’s design features and issued a temporary ban on the sale of Galaxy Tab in the US.
Apple also pushed for a temporary sales ban on Galaxy Tab in Australia and Germany last year but Samsung successfully dodged the German ban by releasing a slightly redesigned version of its tablet aka Galaxy Tab 10.1N while the ban in Australia was overturned in November.