“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. So this case is all about, and only about, Apple’s registered design and the Samsung products,” One of the judges involved in the Court of Appeal review of the case said on why Apple lost the appeal.
A London High Court had earlier ruled that Samsung’s Galaxy tablets were not too similar to Apple iPad, as they are not as “cool” because they lack Apple’s “extreme simplicity”.
Today’s decision means that Apple will still have to run ads promoting Samsung. Court has order Cupertino-based iPad maker to run advertisements in UK’s top publications like Daily Mail, Financial Times, T3 Magazine to “correct the damaging impression” that Samsung is a copycat, reports BBC.
Apple will also have put a link on its website that will direct visitors to the original judgement issued by the court. Apple would have to add a link entitled “Samsung/Apple judgement” for a one-month period on its homepage. Judge also said that the notices must be in a font size no smaller than Ariel 14.
Apple can still appeal in UK Supreme Court, but if it does not, the decision applies to all of European Union.