“Talk about David defeating Goliath: a small Spanish tablet computer maker named Nuevas Tecnologías y Energías Cataláfrom the Valencia region has successfully defended its Android-based tablet computers (marketed under the label N-TK) in court and is now seeking damages from Apple for a temporary seizure of its products by Spanish customs,” Florian Mueller reports for FOSS Patents. “Furthermore, the Spaniards are pursuing an antitrust complaint against Apple, alleging abusive anticompetitive behavior.”
“Apparently, Apple accused N-TK in November 2010 of “copying” the iPad and went straight for a customs ban. As a result, Spanish customs seized shipments from China containing N-TK’s Android-based tablet. The little company temporarily appeared on an EU-wide list of product pirates, but worst of all, after some correspondence between the two companies, Apple also brought criminal charges on December 9, 2010 (as it had previously threatened in writing),” Mueller writes. “Considering that this was not a case of product piracy but just a dispute over whether or not Apple has exclusive design rights covering N-TK’s Andoid-based products, I think it’s absolutely outrageous that Apple tried to attack its rival under criminal law. Having a commercial dispute is one thing, but going down the criminal law avenue is totally unreasonable.”
Mueller writes, “Now N-TK is suing Apple for compensation for monetary damages, lost profits, and also for ‘moral damages.’ I think Apple should use better judgment in the future. This story from Spain makes Apple look very bad.”
Read more in the full article here.
MacDailyNews Take: Based on the info at hand, we have to agree with Mueller. Apple should use the avenues of justice as judiciously as possible lest the PR harm outweigh the benefits of legal actions. That said, any product that infringes on Apple’s patented IP and/or trade dress should be taken to court (via commercial, not criminal, actions) if all other avenues of remedy fail.
Lastly, NT-K’s 7-inch piece of crap “Pad A91” certainly looks, uh… “inspired” by Apple’s iPad and looks like a possible case of trade dress infringement, at least, if a case was adjudicated in the U.S.A.
what?
dammn
Looks like an ipad to me.
Seems like a stretch to me. Unless Apple has a hold on shiny black bezels. The icons and apparent operation don’t seem iPad-ish at all.
Even the desktop background is an ugly but obvious rip-off of a long time standard Mac background – in colors and gradients.
Hola¡ iPad¡
Enough with these subjective design suits. I suspect there are many other more clear cut IP issues to pursue (if not, there should be if Apple protected themselves properly). Why doesn’t Apple start using those 200 iPhone patents we were all so excited about? Is this best they can come up with?
Apple should defend its IP using all available means and regardless of the size of the defendant. Regarding the means, how is the fact that Spanish customs abused their authority by seizing N-TK’s property make Apple liable for damages? Is Apple the Spanish government? As far as the criminal charges, it probably wasn’t the classiest move, but again, why is this even an option under Spanish law?
Fix your laws and prevent companies from abusing them. Otherwise, don’t be surprised if all the weapons available to them are brought to bear.
… defend its IP using all available means. I look at the image above and I see a product that resembles … a black tablet computer. I know immediately it is not an iOS device, due to the icons represented.
I think Apple over-stepped its need to defend its IP and trampled on N-TK’s right to pursue legitimate business interests. Which is NOT their usual MO. But worthy of a (monetary) apology, regardless.
“I look at the image above and I see a product that resembles … a black tablet computer.”
You forgot what tablets looked like prior to iPad. Here’s a reminder:
http://osxdaily.com/2011/08/18/tablet-design-before-after-the-ipad/
An iPad look-a-like made for Gillipollas!
“I look at the image above and I see a product that resembles … a black tablet computer.”
You forgot what “tablet computers” looked like prior to iPhone/iPad.
http://osxdaily.com/2011/08/18/tablet-design-before-after-the-ipad/
Ryszard,
Most excellent reminder. And when people complain that Apple is being too strong in its,,,, you copied us…. complaints, this helps us remember that there are other designs, these guys copies Apple just so it would sell. PERIOD.
But I would go easy on small companies, its the big fish like Samsung and HTC that are selling millions… ok thousands of systems that try to coast on the design and basic operation.
Huh! C’mon.
The NT-K 7 (along with most other tablets) looks (and works) as much like an iPad… as a Kia (or any other automobile) looks (and drives) like a Ford.
“Looks like” is not the same as identical.
Snarky visual comparisons (per Ryszard’s link) not withstanding, form follows function.
Even though a fictional representation, Star Trek’s PADD device predates the iPad by decades.
Pencil thin form-factor… Check.
Shiny black surface… Check.
Touch-based UI… Check.
Name… Hey! Clearly it’s a total rip-off of Paramount Studios IP. :^
Should Paramount sue Apple (for royalties at the very least) because the iPad bears more than a passing resemblance to the Star Trek PADD?
Now… if Android is using iOS code underneath it all, that’s another matter. Sue the S.O.B.s.
who´s the copycat?
http://gizmodo.com/343641/1960s-braun-products-hold-the-secrets-to-apples-future
A heavily influenced cat at least. In my house you’ll find lots of Bauhaus furniture designed between 1927 and 1933. Beside this, there are BRAUN products like the T1000CD world radio receiver, audio equipment like the “Schneewittchensarg”, both designed by Dieter Rams in the early Sixties of the last century. My Macbook Pro, my Apple monitor, my iPod, iPhone, iPad, they all fit into this perfectly.
“It all looks like as everything had been created by the same designer” a friend told me. No, just the same vision and mission. What we call Apple Design has started more than eighty years ago.
Apple’s iPhone calculater design is an exact copy of BRAUN’s calculater from 1975. Any judge would agree.
Apple’s designers do copy product designs that inspire. Some of Braun’s work is influential to Apple but Apple isn’t making home appliances to compete against Braun and so tablet manufacturers shouldn’t be copying Apple and be allowed to compete against them. The argument is simple.
@MEES
You’re right. Apple does not compete against Braun. And vice versa. Braun’s design became middle-of-the-road in the Nineties after Gillette bought them. The designers left the
company.
The Apple and Braun products Dessau was comparing are on both sides electronic entertainment products. And Kronberg was comparing a calculater app design with a calculater design. Same colors, same layout. Different times. Same dedication to top quality.
Certainly one can’t compare this with the current tablet-situation. But we should allow people to remember that they have seen this kind of design fifty years before. Jobs has not created the universe, Apple has not invented the wheel. And both did and do bring us a lot of joy. This has my respect.
The argument is simple.
What do you expect if you are dedicated to “Form Follows Function”?
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Apple is becoming the new bully on the block. Apple has copied ideas and redesigned other company’s products just like every other company has. There isn’t one Apple product that is completely original and not based on someone else’s work.
That tablet looks like a tablet. As others have said the iPad looks like a redesigned tablet. The tablet did come before the iPad.
Hopefully now that Steve is no longer pushing this war Apple will begin to be less vindictive. This personal war that jobs waged through Apple is hurting their image outside of the fanatic Apple fan base.