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  • German Court to Reportedly Rule Pro-Apple in Suit against Samsung


    A German court is currently preparing to issue a tentative ruling on an Apple assertion claiming that Samsung is guilty of unfair competition practices in deliberately copying the look of the iPhone and iPod. Citing an “absolutely reliable and independent source,” Florian Mueller of FOSS Patents said the Düsseldorf Regional Court is tentatively planning to make a ruling on August 8, which will reportedly find Samsung to have unlawfully imitated the iPhone and iPod with a number of legacy products.

    The Samsung devices that are in question include the Galaxy S, Galaxy S Plus, Galaxy S II, Galaxy Ace, Galaxy R, and Galaxy Wave M smartphones, as well as the Galaxy S Wi-Fi 4.0 media player. Unlike many of the other high-profile suits involving Apple and Samsung, the case in Germany pertains to competition law and not patent or design rights. The Cupertino California company asserts Samsung’s products served to confuse consumers as to what company made the devices.

    Mueller noted that Apple’s claims are based on Section 4 Paragraph 9 of Germany’s unfair competition law, which states the following:

    Originally Posted by :
    [Unfairness shall have occurred in particular where a person]

    9. offers goods or services that are replicas of goods or services of a
    competitor if he
    a) causes avoidable deception of the purchaser regarding their commercial origin;
    b) unreasonably exploits or impairs the assessment of the replicated goods or
    services; or
    c) dishonestly obtained the knowledge or documents needed for the replicas;
    According to German law, a company is prohibited from imitating or copying’s a competitor’s product or service with analysis based on “overall impression” of said products. There are three degrees to which the court can find imitation, which consist of the following: identical imitation, near-identical imitation and derivative imitation. Mueller wrote the following regarding the topic:

    Originally Posted by :
    The key test for the derivative imitation the court is inclined to find here is whether the design elements the defendant adopted (i.e., copied) are those who are characteristic of the plaintiff's asserted product.
    Although this isn’t a game changer considering the products in the suit are older models, Apple could walk away with substantial compensatory damages. Perhaps more importantly, a pro-Apple decision would further poise Samsung’s role as a “copycat” in the court of public opinion.

    Source: FOSS Patents via AppleInsider
    This article was originally published in forum thread: German Court to Reportedly Rule Pro-Apple in Suit against Samsung started by Akshay Masand View original post
    Comments 11 Comments
    1. SnapIt's Avatar
      SnapIt -
      What a joke. The Samsung Galaxy looks NOTHING like the iPhone
    1. vinaygoel2000's Avatar
      vinaygoel2000 -
      Quote Originally Posted by SnapIt View Post
      What a joke. The Samsung Galaxy looks NOTHING like the iPhone
      Looks pretty similar to me.



    1. XweAponX's Avatar
      XweAponX -
      The Apple product is the one in a high impact chromium case, the Samsung cack can be broken into tiny bits using very little effort with one hand.
    1. holyshnikes's Avatar
      holyshnikes -
      Lol. Yeah. They look alike. People forget that they just the past 2 years have started to NOT copy the look of apple.
    1. tridley68's Avatar
      tridley68 -
      Quote Originally Posted by holyshnikes View Post
      Lol. Yeah. They look alike. People forget that they just the past 2 years have started to NOT copy the look of apple.
      It is about time that someone sees that Samsung has been copying apple all along and cashing in on their design
    1. stolenpentium's Avatar
      stolenpentium -
      Quote Originally Posted by SnapIt View Post
      What a joke. The Samsung Galaxy looks NOTHING like the iPhone
      Great joke, please do say it again.
    1. holyshnikes's Avatar
      holyshnikes -
      Quote Originally Posted by tridley68 View Post
      It is about time that someone sees that Samsung has been copying apple all along and cashing in on their design
      I wouldn't say they're copying them now...but if you look at the timeline, they started looking different around the time Apple was suing them. Obviously they want to make it look like they weren't, but its hard not to when you look at the details.
    1. steve-z17's Avatar
      steve-z17 -
      Samsung has been cashing in on Apple's design for a long time...they've done it with other companies as well.

      I would like to see Samsung put out one smartphone a year with their own OS and see how they compare to Apple
    1. jOnGarrett's Avatar
      jOnGarrett -
      Quote Originally Posted by tridley68 View Post
      It is about time that someone sees that Samsung has been copying apple all along and cashing in on their design
      like apple is about to cash it with iOS 7 and all the "look and feel" of Android. but I suppose you'll make a lame argument to the contrary right?

      Quote Originally Posted by steve-z17 View Post
      Samsung has been cashing in on Apple's design for a long time...they've done it with other companies as well.

      I would like to see Samsung put out one smartphone a year with their own OS and see how they compare to Apple
      probably not well since apple has had a 7 year head start. but put Android and any Samsung phone and we already know the results of that--they outsell apple by 4 to 1.
    1. SpidermanAPV's Avatar
      SpidermanAPV -
      Quote Originally Posted by jOnGarrett View Post
      like apple is about to cash it with iOS 7 and all the "look and feel" of Android. but I suppose you'll make a lame argument to the contrary right?



      probably not well since apple has had a 7 year head start. but put Android and any Samsung phone and we already know the results of that--they outsell apple by 4 to 1.
      Would you mind me asking where you got the info that "Android and any Samsung phone...outsell Apple 4 to 1?" That'd be an interesting set of statistics... I can think of plenty of Samsung/Android phones which don't sell NEARLY as well as the iPhone.
    1. vinaygoel2000's Avatar
      vinaygoel2000 -
      Quote Originally Posted by jOnGarrett View Post
      like apple is about to cash it with iOS 7 and all the "look and feel" of Android. but I suppose you'll make a lame argument to the contrary right?



      probably not well since apple has had a 7 year head start. but put Android and any Samsung phone and we already know the results of that--they outsell apple by 4 to 1.
      Just like Honda outsells Ferrari 50 to 1.