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06-26-2013, 04:20 PM #1
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:
[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
c) dishonestly obtained the knowledge or documents needed for the replicas;
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.
Source: FOSS Patents via AppleInsider
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06-26-2013, 05:19 PM #2
What a joke. The Samsung Galaxy looks NOTHING like the iPhone
06-26-2013, 05:53 PM #3
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06-26-2013, 07:26 PM #4
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.
06-26-2013, 07:30 PM #5
Lol. Yeah. They look alike. People forget that they just the past 2 years have started to NOT copy the look of apple.
06-26-2013, 10:21 PM #6
06-26-2013, 11:55 PM #7
06-27-2013, 04:07 AM #8
06-27-2013, 12:40 PM #9
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
06-27-2013, 08:53 PM #10
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06-27-2013, 10:06 PM #11
06-28-2013, 06:40 AM #12