Feeds

German court bans sale of Galaxy Tab 10.1, says Apple

Temporary ban on the sale of Samsung tablet in all but one EU country

The Power of One Brief: Top reasons to choose HP BladeSystem

A German court has issued a temporary ban on the sale of a Samsung digital product in every single EU member state with the exception of the Netherlands, according to media reports.

Apple was successfully granted the injunction against the sale of Samsung's Galaxy Tab 10.1 in the UK and every other EU member state apart from the Netherlands, the reports said. The tablet computer product is a rival to Apple's iPad.

Apple alleges that Samsung has violated its Community design rights over the way the Galaxy Tab 10.1 looks, according to a report.

A registered Community design is a monopoly right for the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product or its ornamentation.

Applications are filed at the Office for Harmonisation in the Internal Market. Approved Community designs cover all 25 member states of the European Union.

In order to qualify for Community design rights, designs must be new and have individual character. To be new, the design is required to differ from known designs by more than "immaterial details". To have individual character a design must create a different overall impression on an informed user. Although a design application can be filed up to one year after the design has been made public, it is preferable that a design application is filed as soon as the design is created.

Community design rights can last up to 25 years, although the designs must be renewed every five years within that period.

The Galaxy Tab 10.1 ban is in place with immediate effect, an Apple spokesman has said, according to the report.

"It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging," an Apple statement said.

"This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas," Apple said.

Samsung said it was "disappointed" with the decision of the Dűssledorf district court, according to Reuters.

"The request for injunction was filed with no notice to Samsung, and the order was issued without any hearing or presentation of evidence from Samsung," Samsung said, according to the Reuters report.

"We will take all necessary measures to ensure Samsung's innovative mobile communications devices are available to customers in Europe and around the world," the statement said.

Copyright © 2011, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Application security programs and practises

More from The Register

next story
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Cheer up, Nokia fans. It can start making mobes again in 18 months
The real winner of the Nokia sale is *drumroll* ... Nokia
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
Apple orders huge MOUNTAIN of 80 MILLION 'Air' iPhone 6s
Bigger, harder trouser bulges foretold for fanbois
BEST BATTERY EVER: All lithium, all the time, plus a dash of carbon nano-stuff
We have found the Holy Grail (of batteries) - boffins
Microsoft confirms secret Surface will never see the light of day
Microsoft's form 8-K records decision 'not to ship a new form factor'
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.