Apple will be made to run adverts in various publications and place a notice on its website saying it was not copied by Samsung after today’s ruling at the Court of Appeal which upheld the earlier loss in the High Court.
The court ruled that despite similarities between the Apple iPad and Samsung Galaxy Tab 10.1 there was no way an ordinary consumer could confuse the two competing tablets.
Apple appealed the earlier decision on the grounds that the front face and overall shape of the tablet was the most important factor in determining if Samsung had copied the iPad. However, one of the three judges on the panel that reviewed the appeal made it clear that it did not matter if Samsung had actually copied Apple; only whether the Samsung design is so similar to the design registered by Apple that it would cause confusion.
In the design that Apple protected there is “no ornamentation” on the front of the tablet and a “sharp edge” but the Samsung Galaxy Tab 10.1 has a prominent logo and rounded edges so the more complicated design was “less cool” and therefore not confusing to the consumer.
The adverts must be run in various publications including T3, Daily Mail, Financial Times and other publications to “correct the damaging impression” that Samsung had copied Apple. The court also added that Apple need not clutter their home page with the announcement but simply have a link entitled “Samsung/Apple judgement”.