A Dutch appeals court isn’t budging on the decision handed down by a lower court to not grant a preliminary injunction to Apple banning sale’s of Samsung’s Galaxy Tab 10.1. The judge presiding over the case felt that Samsung’s design was different enough that the “informed user” would not mistake it for Apple’s iPad, pointing to the dimensions of the device, the size of its bezel, and the visually unique rear of the Galaxy Tab. The court, however, was clear to point out that the ruling was based on the design rights held by Apple and not necessarily the overall appearance of the device.
The latest victory for Samsung continues to create a tricky situation for Apple. With the ruling, the Korean tech giant should be able to use the Netherlands as a base of distribution for the the Galaxy Tab 10.1 and 10.1v throughout Europe. The decision doesn’t change the results of an injunction against the Galaxy series of smartphones, however, as that particular case was decided on software patents.