Dutch court decides against Apple, won’t ban sale of Samsung Galaxy Tab


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.

[The Wall Street Journal via The Verge]

Kevin Krause
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  1. Suck it Apple!

  2. Yeah, take that you fruity bastards!

  3. Only apple could claim the something designed as a concept in 1994 to be their intellectual property.

  4. I would like to repeat something I posted earlier today:

    Some bits from TFA . . .

    The Hague has rejected Apple’s design-related gripes against Samsung’s Galaxy Tab tablet, snubbing its request for a ban on the sale of the iPad rival in The Netherlands.After presiding over wrangles regarding the exact appearance of the two tablets and a thorough discussion of features such as dotted lines, screen icons and thickness of the device, the Dutch judge concluded that the Samsung Tablet gave a different overall impression to Apple’s iPad.

    Are you kidding? Thickness of the device?

    That’s like claiming infringement of a sports car design based on “goes fast”.

  5. Keep it up apple you’ll soon be bankrupt

    1. LOL! Check out their financial statements today?

    2. Not yet.  They have enough $$ to sue.  I’m just wondering after it’s all said and done, how much would they have gained and would it have been worth it.  It’ll stop eventually especially if they get nowhere on these current cases.  Jobs said he was willing to go broke, I doubt Cook is that dumb.

  6. Am I the only one who want to know how much Apple has to pay Sammy in damages for this case and the Australian one?

  7. the visually unique rear of the Galaxy Tab.”

    — you mean how it says “Samsung” on the back and not “Apple”.

    I think Apple is really worried about losing that 70+ and damn near blind market.  If they lose them, then it’s all over.  They’ll have to sacrifice another baby to the alter of 01010-01111-00010-10011.

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