Apple Loses Appeal on UK Ruling Requiring Ads Acknowledging Samsung Did Not Infringe iPad Design

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Original poster
Apr 12, 2001
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Back in early July, a UK court ruled that Samsung had not infringed upon the design of the iPad with its own Galaxy Tab device, with judge Colin Birss ruling that the Galaxy Tab was simply "not as cool" as the iPad. Roughly a week later, Birss ruled that Apple must publish advertisements on its website and in newspapers acknowledging that Samsung did not copy the iPad's design.

Apple quickly appealed the ruling and was granted a stay until that appeal could be heard.

BBC News now reports that Apple has lost its appeal and is now required to follow through on publishing its acknowledgments.
The US firm had previously been ordered to place a notice to that effect - with a link to the original judgement - on its website and place other adverts in the Daily Mail, Financial Times, T3 Magazine and other publications to "correct the damaging impression" that Samsung was a copycat.

The appeal judges decided not to overturn the decision on the basis that a related Apple design-rights battle in the German courts risked causing confusion in consumers' minds.

"The acknowledgment must come from the horse's mouth," they said. "Nothing short of that will be sure to do the job completely."
The appeals judges ruled that Apple could satisfy the posting requirement for its own website by including a small link entitled "Samsung/Apple judgement" on the site for a period of one month.

Apple can still appeal to the UK Supreme Court in an effort to have the publishing requirement overturned, but Reuters notes that Apple has given no indication of planning such an appeal.

Article Link: Apple Loses Appeal on UK Ruling Requiring Ads Acknowledging Samsung Did Not Infringe iPad Design
 

samcraig

macrumors P6
Jun 22, 2009
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Actually - the word "small" was never used in the article I read.

"However, they added that the move need not "clutter" Apple's homepage as it would only have to add a link entitled "Samsung/Apple judgement" for a one-month period."
 
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Tingler

macrumors member
Oct 14, 2012
77
0
If I was Samsung, I'd probably be feeling more like a loser than a winner in this case.
 

samcraig

macrumors P6
Jun 22, 2009
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can't win them all....

Can wait to see the wording of the Ad ;)
I'm pretty sure the Ad has to adhere to the courts requirements. Meaning - I wouldn't be looking for anything fun/interesting but rather straightforward and factual.
 

the8thark

macrumors 68040
Apr 18, 2011
3,993
873
As I posted in the original topic of this:
http://forums.macrumors.com/showpost.php?p=16067476&postcount=15
Proof the UK system of justice is flawed?
What's the point of having a trial when you can just have an appeal? We all know who copied who here. Apple should be allowed to appeal the appeal to get the right verdict. But yeah that'd go on forever as both sides would appeal for ever.

Looks like Apple unfairly got the short end of the stick here. And got a cruel and unusual punishment. Apple having to advertise a flat lie. But /sigh no justice system is perfect.
 

samcraig

macrumors P6
Jun 22, 2009
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If I was Samsung, I'd probably be feeling more like a loser than a winner in this case.
Just curious why? Apple is being forced to admit that Samsung didn't copy them. Something that they objected to. Whether you agree or not is irrelevant. Samsung, I am sure, is pleased with the verdict. Why wouldn't they?
 

ImageWrangler

macrumors regular
Apr 28, 2007
130
0
upstate New York
Apple was right about the phones but mostly wrong about this tablet, it's FUGLY and chunky looking, not aesthetically pleasing at all and plasticky, the OS looks all over the map as well, it's about as UNApple a product as a product could be. I'm guessing Apple just sued them "because we can" as a logic without really thinking it through.
 

Tingler

macrumors member
Oct 14, 2012
77
0
Just curious why? Apple is being forced to admit that Samsung didn't copy them. Something that they objected to. Whether you agree or not is irrelevant. Samsung, I am sure, is pleased with the verdict. Why wouldn't they?
Because it is utterly humiliating. The whole thing.
 

Rootus

macrumors 6502
Mar 22, 2008
376
24
Portland, OR
I think they should put up an advertisement with them side-by-side, using one of Samsung's own promotional pictures of their tablet which shows it most similar to the iPad, and then say "No, Samsung did not copy the iPad. Not at all." and leave it at that.
 

reefoid

macrumors regular
Aug 5, 2011
136
77
UK
Apple was right about the phones but mostly wrong about this tablet, it's FUGLY and chunky looking, not aesthetically pleasing at all and plasticky, the OS looks all over the map as well, it's about as UNApple a product as a product could be. I'm guessing Apple just sued them "because we can" as a logic without really thinking it through.
Actually, Apple didn't sue. Samsung wanted the court to rule on non-infringement, Apple then counter claimed.
 

tbrinkma

macrumors 68000
Apr 24, 2006
1,651
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Well, the appeal process exists because *sometimes*, despite the best, and most honorable, efforts of all parties involved results in the *wrong* decision. The number of appeals are limited, because each appeal is heard by a higher court. Eventually, you reach the highest court, and you can appeal no further. Or, as appears to be the case here, you get a clarification that allows you to live with the judgement even if you don't agree with it. (The clarification about just needing to add a *link* to the notice, rather than having the text embedded in the applicable pages.)
 

samcraig

macrumors P6
Jun 22, 2009
16,637
41,569
USA
I'm going to state this again very clearly.

I have no idea why people think the announcement on Apple's site is going to be cheeky/snarky/etc. It's not like Apple is going to be able to write whatever they want. It would be incredibly surprising if the announcement didn't have to be first approved by the court who is mandating the announcement.

Reality vs fantasy folks.
 

reefoid

macrumors regular
Aug 5, 2011
136
77
UK
Well, the appeal process exists because *sometimes*, despite the best, and most honorable, efforts of all parties involved results in the *wrong* decision. The number of appeals are limited, because each appeal is heard by a higher court. Eventually, you reach the highest court, and you can appeal no further. Or, as appears to be the case here, you get a clarification that allows you to live with the judgement even if you don't agree with it. (The clarification about just needing to add a *link* to the notice, rather than having the text embedded in the applicable pages.)
True. And Apple could still appeal to the next higher court, the Supreme Court.
 

tbrinkma

macrumors 68000
Apr 24, 2006
1,651
93
Just curious why? Apple is being forced to admit that Samsung didn't copy them. Something that they objected to. Whether you agree or not is irrelevant. Samsung, I am sure, is pleased with the verdict. Why wouldn't they?
Well, the wording of the court order declaring the design non-infringing specifically said the Samsung design wasn't as "cool" as the iPad's design. That's something to be a bit embarrassed about from Samsung's perspective.

I mean, *literally* in this case, the design wasn't infringing because it *wasn't cool enough*. :eek: :eek:
 
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