Legal Updates

Intellectual Property – Registered Design – Community Design – Apple – Samsung

Apple recently successfully applied for an injunction in Germany after suing Samsung for infringement of its registered Community design, number 000181607-0001 (“the Design”). The Design illustrates several images of Apple’s iPad from various perspectives.

The infringement claim centered on the distinctive nature of the iPad and that Samsung’s Galaxy 10.1 tablet computer resembles Apple’s iPad, both in terms of size and appearance. 

The injunction applies to all EU member states apart from the Netherlands and prevents Samsung from distributing its Galaxy tablet throughout most of the EU. However it is a preliminary injunction, as German courts tend to grant such injunctions without a hearing. Samsung will have an opportunity to challenge the injunction at a hearing scheduled for August 25. 

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© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.