Defiant Aussie retailer gives Apple the finger; retailer peddles Samsung Galaxy Tab despite injunction

“An Australian retailer who Apple is threatening to sue for selling the Samsung Galaxy Tab 10.1 despite an injunction is calling Apple’s bluff and says it’s ready for a ‘cat and mouse’ game,” Asher Moses reports for The Sydney Morning Herald.

“The retailer, dMavo, is restructuring its business in the hope of blunting Apple’s legal threats but a senior patent lawyer said this was a risky strategy that could backfire,” Moses reports. “Apple won a temporary injunction against Samsung last month forbidding the company from offering its tablet in Australia until a full hearing could determine whether Samsung “slavishly copied” the iPad, as Apple claims.”

Moses reports, “But, despite the injunction, several Australian online sellers have been doing a roaring trade in the Galaxy Tab, ignoring threats of legal action by Apple. At least one, dMavo, said it had created a separate entity in Europe to place it outside the jurisdiction of Australian courts, with the tablets delivered to customers from Asia… ‘I am curious to know whether they [dMavo] have actually obtained any advice from an experienced patent lawyer, because their strategy strikes me as risky,’ said Mark Summerfield, senior associate and patent specialist at Melbourne law firm Watermark.”

Read more in the full article here.

MacDailyNews Take: “Rip roaring trade” for iPad wannabes: They sold three last week and only two were returned.

22 Comments

  1. Apple won’t go after online retailers. It would just give the Samsung Tab more press and make Apple look like the bad guys. Without the presence of physical stores, their exposure this holiday season is fairly low. I’m sure we’ll see it in the sales numbers.

  2. Al Capone did very well during the early days of Prohibition. Apple should do a St. Valentine’s Day Massacre on them by lining the owner up and drilling him full of holes.

    “There you go, you dirty rat,” in my best Edward G. Robinson voice

  3. Apple went after a small manufacturer of 7″ Android devices and you think they won’t go after you? I know you think it’s good publicity, but I for one will laugh heartily when Apple smashes your operation because you wanted to appear to be sticking it to the man over a shitty iPad knock-off.

  4. I seriously doubt anyone is doing “roaring business” selling Galaxy Tabs.

    Also, there’s no reason Apple wouldn’t go after the parent company. It will be pretty obvious that these companies were set up just to get around the injunction, especially since these retailers admit to doing so. No judge is going to stand for that.

    Plus, the injunction was against Samsung preventing it from offering its Galaxy Tabs for sale in Australia. I doubt a judge is going to believe that Samsung had no idea that these products were being sold via a European shell company to Australians.

  5. Plus, I’m no expert in Australian law, but I’ll bet the Aussie judiciary will not take kindly to being made a fool of by some smartypants repeat offender, who obviously knows he’s contravening the spirit of the injunction ruling.

  6. The joke about this idiot is that his grubby little get rich scheme is being promoted by Asher Moses, the Fairfax “journalist” who is one of the biggest Google shills. No anti-Apple story is too small or too misleading for this moron to blow up into front page news. So it’s entirely predictable that Moses is hitching his wagon to a small time crim. The two are a perfect match.

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