UK Judge forces Apple to publish notice that Samsung didn’t copy iPad

“A U.K. judge ordered Apple Inc. to publish a notice on its website and in British newspapers alerting people to a ruling that Samsung Electronics Co. didn’t copy designs for the iPad,” Kit Chellel reports for Bloomberg.

“The notice should outline the July 9 London court decision that Samsung’s Galaxy tablets don’t infringe Apple’s registered designs, Judge Colin Birss said,” Chellel reports. “It should be posted on Apple’s U.K. website for six months and published in several newspapers and magazines to correct the damaging impression the South Korea-based company was copying Apple’s product, Birss said… Judge Birss said in his July 6 ruling that Samsung’s tablets were unlikely to be confused with the iPad because they are ‘not as cool.'”

Chellel reports, “Judge Birss didn’t grant Samsung’s bid for an injunction blocking Apple from making public statements that the Galaxy infringed its design rights. ‘They are entitled to their opinion that the judgment is not correct,’ he said.”

“As well as Apple’s website, the company must pay for notices in the Financial Times, the Daily Mail, Guardian Mobile magazine, and T3, according to a draft copy of the order provided by Samsung’s lawyers,” Chellel reports. “Apple’s lawyer said the company would appeal the July 9 decision and Judge Birss granted the company permission to take its case to the court of appeal.”

Read more in the full article here.

MacDailyNews Take: We hereby publish notice that Samsung not only copied Apple’s iPad, Samsung also copied Apple’s iPhone with the intent to fool the terminally obtuse and offer the following proof:

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

By the way, excellent job, Apple lawyers, you outdid yourselves, as usual. Of course, this isn’t to the level of handing Microsoft the Mac in perpetuity (nice win on that Trash Can, though), but not only did you fail to protect Apple from Samsung’s blatant attempts at “passing off” (look it up) in the UK, but you got Apple to be forced to publish an obvious lie. And you charged Apple for the honor. Amazing.

If you think the judge is a couple IQ points short of blooming idiot, you haven’t met Apple’s crack legal team.

Related articles:
Samsung wins U.K. Apple ruling over ‘not as cool’ Galaxy TabJuly 9, 2012
Now Samsung slavishly copies Apple’s Mac mini – June 1, 2012
Samsung Mobile chief ‘designer’ denies that Samsung’s instinct is to slavishly copy Apple – March 23, 2012
Slavish copier Samsung shamelessly steals Apple’s iPhone 3G design – again – January 3, 2012
Slavish copier Samsung uses girl actress from iPhone 4S ad for Galaxy Tab 8.9 spot (with video) – January 2, 2012
Now Samsung’s slavishly copying Apple’s iPad television ads (with videos) – December 30, 2011
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011
Why are Apple’s icons on the wall of Samsung’s store? – September 24, 2011
Apple to Samsung: ‘Blatant copying is wrong’ – April 18, 2011
Apple sues Samsung for attempting to copy look and feel of iPhone, iPad – April 18, 2011
Samsung’s ‘Instinct’ is obviously to make Apple iPhone knockoffs – April 1, 2008

53 Comments

    1. There’s a way for Apple to turn this on its head: mount a new ad campaign making fun of “substitute”, second-rate tablets, the hilarious television spots ending with the signature Apple logo together with the sparkling word Genuine.

  1. I had to look at the calendar to make sure this isn’t April Fools Day. Or maybe today is April Fools Day in the UK. If not, it looks like I will continue to do the only thing I can do – vote with my dollars! No Shamsung products in this house.

  2. Apple should tell the UK judge to eff off and close all operations in the U.K. until common sense prevails. It’ll cost some $, but will be worth it. Nice to see the US doesn’t have a monopoly on clueless morons in robes.

  3. Fantastic!!
    One could easily be lead to believe that Samsung has at the least a couple of judges in the UK on their payroll.
    If so I wonder how much they are paying to keep them in their pocket. Perhaps it would be cheaper to just admit they copied Apple?

  4. What meds is that judge on? I’d hate to bring a case before him — being required to walk the town streets nude with a strategic placard stating “I had an error in my work invoice.”

  5. Samsung and the courts are seriously bitch-slapping Apple. Whatever Apple tries to do against Android gets turned right back on them. I believe the courts are trying to send Apple a clear message. Don’t mess with anything Android or you’ll pay the price.

  6. I wonder if there are ways for Apple to highlight the absurdity of this requirement while at the same time abiding by it. For example, they could issue a clear statement that, in their view, Samsung clearly copied their design. The Samsung “advert” could then be prefaced by a statement they they were required under British law to run it. The two points of view could be on the same web page.

    No doubt Samsung would take them to court again, but that might work in Apple’s favour.

  7. If those are the only two stipulations the British Judge issued with no further guidance, well, Apple should have a little fun poking Samsung and the Judge this way, for web have image of iPad came first, give date, have it dissolve into image of Samsung tablet, give date, then have it dissolve and then text comes up saying, “Samsung didn’t copy Apple’s iPad. Huh? You be the Judge!” Something similar for papers.

    1. I think this is an excellent idea for Apple. This is is the only way to keep the face in this situation. Publish the picture of iPad and Samsung’s tablet side to side (like MDN does) and add a subtitle: “Samsung did not copy iPad’s design”. Nothing more. People will not know if they are serious or ironic.

  8. It’s time for Apple to stop going to court and to innovate their way out of this situation. Perhaps this time they could make clear that their innovations come from Apple first, and that if you want a cheap knock off Samsung is your guy.

    1. Problem is that Apple innovated their way into this situation! It’s Apple’s innovations that are being lazily and poorly copied. The other problem is that the legal system isn’t up to the task of defending this innovation. Now, if the “competitors” innovated their way out of the situation, that would be another thing altogether.

  9. This is really, really, really, dumb. I’d rather pay a fine, go to jail than acknowledge that it is ok to steal an original design, GUI, and packaging the way Samsung did.

    I also concur with MDN’s view of Apple’s lawyers. They are total “lame brains.”

  10. What is this?? Frickin elementary school? The school teacher ( judge ) tells Steve (Apple) to write on the board 100 times, “I will not sue Samsung….”. What absolute BS… Since when did that become a valid penalty of trial? Hope they still have an appeal before they have to comply.

    1. I agree (except in the UK it’s primary school, not elementary). And I have my doubts as to the accuracy of this anyway. All the online sources are just referring to Blomberg; and this instruction is nowhere in the Judge’s written verdict on the case. The UK court’s jurisdiction would only cover England and Wales at most, so it’s not like this is going to be worldwide even if it is true. Finally, it makes no sense to require to require a party to post a notice saying one product doesn’t infringe another but at the same time allow the party to say it disagrees with the ruling. That’s effectively the same allegation that Apple made in the first place.

  11. I think this is great. Samsung tried to get an injunction to keep Apple from making public statements. The judge is requiring Apple to make public statements. I suggest Apple call on the surviving members of Monty Pythons Flying Circus to prepare the material. This is a gift that can keep on giving.

    1. Go fsck yourself Joel. You never were an apple product buyer in the first place…..shithead. This is just the prelude to the thermonuclear war.

      By the way, contrary to everyone to thinks that the judge is punishing Apple, the judge is just saying go and publish the fact that Samsung’s copy is so poor that it does not even qualify as a copy.

      I agree with “quiviran” above. Read it!

    2. Hey Joel, Do you have any idea what an appeal means?

      Apple will and is appealing this, and until the final verdict comes down they don’t have to do a thing, not add anything into the papers and most certainly not admit to a lie that a half baked British judge thinks should happen.

      I will say by certainty this so called order will be overruled by the British high court.

      So don’t hold your breath waiting to see anything in print by Apple.

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