Apple loses UK appeal over Samsung ‘Copycats’

Apple has lost its High Court appeal against the UK ruling that Samsung had not infringed its design rights.

In early July 2012, a UK court ruled that Samsung had not infringed upon the design of the iPad with its own Galaxy Tab device. Judge Colin Birss told Samsung that its Galaxy Tab was "not as cool" as the iPad. Judge Birss ruled that Apple must publish advertisements on its website and in newspapers acknowledging that Samsung did not copy the iPad's design.

Apple objected to this decision and appealed.

But the appeal was dismissed today by Lord Justice Longmore, Lord Justice Kitchin and Sir Robin Jacob.

The appeal judges decided not to overturn the decision on the basis that a related Apple design-rights battle in the German courts risked causing confusion in consumers' minds.

"The acknowledgment must come from the horse's mouth," they said. "Nothing short of that will be sure to do the job completely."

However, they added that the move need not "clutter" Apple's homepage as it would only have to add a link entitled "Samsung/Apple judgement" for a one-month period.

Ruling that an order was necessary, Sir Robin said Apple must make the position clear 'that it acknowledges that the court has decided that these Samsung products do not infringe its registered design.


Samsung said in a statement:

"We welcome the court’s judgment, which reaffirmed our position that our Galaxy Tab products do not infringe Apple’s registered design right.

'We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners and that the origins of Apple’s registered design features can be found in numerous examples of prior art."