Posted by John Pengilley, Solicitor
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Apple v Samsung- tablet design appeal
Apple has lost its appeal in the UK against Samsung for infringing design rights registered in connection with the iPad. Apple has now lost a series of international lawsuits against Samsung based on the design of their tablets including cases in the Netherlands, Australia and the US.
Apple had accused Samsung’s Galaxy Tab of infringing the iPad’s design. The High Court back in July had ruled that the look of Samsung’s Galaxy Tab was not too similar to the iPad.
Apple appealed on the basis that the front face and overall shape of the tablet was the most important factor rather than the overall design as users would mainly be looking at a tablet’s screen.
The appeal judges emphasised that the issue was not one of copying but whether the accused design was too close to Apple’s registered design.
In general Samsung’s designs were described as “altogether busier” and several features were highlighted which were said to distinguish the Galaxy Tab from the iPad including:
- the Samsung logo on the front of the Galaxy Tab- Apple’s registered design states there should “no ornamentation”;
- the “sharp edge” sides of the iPad’s design which were held to be significantly different from those of the Galaxy Tabs; and
- the inclusion of a thicker section to house a camera on the Galaxy.
Samsung may have this one under their belt but are currently appealing against a patent judgment in the US for infringing several Apple software patents and the look and feel of the iPhone.
If you require advice on your design rights or any issues covered in this blog please contact:
John North, Head of Corporate and Commercial firstname.lastname@example.org or
Stephen Welfare, Head of the Intellectual Property Unit email@example.com.