Originally posted 2012-08-01 19:07:33.

A judge in the U.K. has just ruled against Apple in their suit against Samsung for design infringement (Ryssdal). Apple had alleged that Samsung had stolen the design, look, and feel from the IPhone and IPad for their Samsung Galaxy S 4G (Savov).

Apple demanded an injunction against Samsung to block sales of the company’s smartphone in the United States, as well as both actual and punitive damages, and a finding that the infringement was willful (Savov).

However, judge Colin Birss made a ruling in favor of Samsung. Birss declares that Samsung’s tablets “do not have the same understated and extreme simplicity which is possessed by the Apple design.” In addition to losing their suit, Apple was court ordered to post a notice to its UK website for six months that says Samsung did not copy their design. Apple must also have the notice published across a number of newspapers and magazines in order to undo some of the damage done to Samsung’s reputation.

An example of a trademark would be the “swoosh” logo that we identify with Nike. The swoosh, “Just do it,” and the name itself, “Nike,” are all trademarked phrases or images that belong to the Nike Corporation. When we see the swoosh logo, hear “Just do it,” or see the word “Nike,” we immediately are reminded of the style of their shoes, their comfort, and the lifestyle that we expect to be offered from the organization. Because these images and phrases inspire such brand awareness and loyalty, they are very coveted. To ensure that Nike is the only organization that can make use of and profit from their logos and slogans, they have them trademarked. Trademarks are words, phrases, symbols or designs that identify and distinguish the source of the goods of one party from those of others.

For information about trademark law contact the AMD Law Group at www.amdlawgroup.com or call (800)605-0785.

Cheng, Jacqui. “Judge to Apple: tell UK consumers Samsung didn’t infringe on iPad design.” Arstechnica.
                N.p. 18 Jul. 2012. Web. 1 Aug. 2012. < http://arstechnica.com/apple/2012/07/judge-to-apple-
                tell-uk-consumers-samsung-didnt-infringe-on-ipad-design/>

Ryssdal, Kai.” U.K. judge rules against Apple in infringement case.” Martplace. N.p.  19 Jul. 2012. Web. 1
                Aug. 2012. < http://www.marketplace.org/topics/business/final-note/uk-judge-rules-against-
                apple-infringement-case>

Savov, Vlad. “Apple sues Samsung for ‘copying’ the iPhone and iPad.” Engadget. N.p. 18 Apr. 2011. Web.
                1 Aug. 2012. < http://www.engadget.com/2011/04/18/apple-sues-samsung-over-for-copying-
                the-iphone-and-ipad/>

 

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