The Court of Appeal has dismissed Apple’s appeal against the High Court ruling that Samsung did not infringe its registered designs relating to the iPad. Judge Colin Birss ruled in July that Samsung’s design for its Galaxy Tab had not infringed, despite similarities in appearance with the iPad.
The judgment made the headlines when Judge Birss described Samsung’s Android-powered tablet as being “not as cool” as its Apple equivalent. He ruled that consumers were unlikely to confuse the two tablets and also ordered Apple to advertise that Samsung had not copied its registered designs. He further ruled that Apple must place a notice to this effect on its website for six months, saying this would go towards correcting the “damaging impression” that Samsung had copied the iPad’s design.
Sir Robin Jacob, one of three judges hearing the appeal, said about the case: “It is not about whether Samsung copied Apple’s iPad. Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design according to the tests laid down in the law.”
Samsung welcomed the Court of Appeal’s decision, pointing out in a statement that Apple was not the first company to design a rectangular tablet with rounded corners and claiming numerous instances of prior art existed before the iPad.