Samsung Galaxy Tab 10.1 Sales Banned at Apple’s Request
Things are not looking good for Samsung in the legal battle with Apple as sales of the Samsung Galaxy Tab 10.1 tablet have been banned in the European Union, with the exception of the Netherlands. Apple was granted a preliminary injunction against the tablet, putting a hold on distribution within the (huge) aforementioned area. Though there is also a lawsuit going on in the Netherlands, so Galaxy Tab 10.1 distribution may come to a temporary end there as well.
The injunction was granted due to Apple’s claims of design infringement. It was confirmed that this is indeed the case by an Apple representative. Specifically, infringement of Apple’s Community design no. 000181607-0001 (partly pictured above). In the European Union, Community designs are granted on the basis of unique design, giving its creator(s) exclusive right to the use of it in order to prevent imitations.
If the terms of the injunction are violated, Samsung could face a fine of up to $350,000 for each that is disregarded. If such infringing behavior continues, the management at Samsung could even find themselves imprisoned for a maximum of two years.
Since Apple has requested a similar fate in Australia for the Galaxy Tab 10.1, Samsung has delayed release in that country. A preliminary injunction is also possible in the United States, with a court hearing regarding it set for mid-October. Based on the trouble in the European Union, Samsung better hope they have a bit more luck on their side in the U.S. It has been blatant that Apple has a strong case, one that they could use against many modern smartphone/tablet manufacturers, it just was not as obvious how strong it would hold up in court.
Why doesn’t Samsung just call Apple its “inspirational idol” and become a little more creative so the two can put this all behind them in an amicable way?
[via FOSS Patents]