Insider says that a German court is about to rule that Samsung deliberately copied Apple designs
The Samsung models involved in the case include the Samsung Galaxy S, Samsung Galaxy S Plus, Samsung Galaxy S II, Samsung Galaxy Ace, Samsung Galaxy R, and the Samsung Galaxy Wave M. Also included is the Samsung Galaxy S Wi-Fi 4.0 media player. But there is a big difference between this case in Germany and the other court battles that see the two rivals squaring off in other courtrooms in 9 other countries. In Germany, the legal fight is over the country's competition laws and is not related to laws related to patents or designs. Apple claims that by copying the design of the Apple iPhone and Apple iPod, Samsung was trying to confuse consumers.
Apple's case against Samsung seems to result from Section 4 paragraph 9 of Germany's unfair competition law, which says that unfair competition has occurred when replicas of goods are sold or avoidable deception is used to fool the purchaser as to the origin of purchased goods. The law also makes it unfair competition if the manufacturer of the replica dishonestly obtained the knowledge or documents explaining how to make the replica. To determine if Samsung violated the unfair competition law, the court will have to look at the overall impression of the above listed devices. The court can find that Samsung's action fall into one of three levels of imitation: identical imitation, near-identical imitation or derivative imitation.
The key test for the court to apply is to decide if the design cues copied by Samsung are characteristic of Apple's designs. Luckily for Sammy, the devices in question are older models. In the worse case scenario, the company might have to write a check to Apple.
source: FOSSPatents via AppleInsider
1. abcdefgh (banned) (Posts: 471; Member since: 29 Mar 2013)
if sammy had copied from apple wouldnt it be beutiful(iphones and ipads have posh looks)?but phones and tablets of sammy are ugly
3. joey_sfb (Posts: 2774; Member since: 29 Mar 2012)
Apple design don't change much it's boring using their same 2009 design for 2013.
13. AnTuTu (Posts: 684; Member since: 14 Oct 2012)
Oh just cut the crap "Mxyzptlk". You are just an old School guy like fruit.
4. ihatesmartphone (unregistered)
I couldn't agree more XD
8. jdoee100 (Posts: 305; Member since: 04 Jun 2013)
I don't understand this at all, people referring to apple's devices as beautiful and samsung's as ugly. I mean, they are all rectangular devices with rounded corners!!! How is one beautiful and one ugly. Even if i had tried, i don't think i can make one rectangular device "ugly". It's a rectangular device for crying out loud. What is it with these apple fans? Apple must have some kind of spell over these people.
14. joey_sfb (Posts: 2774; Member since: 29 Mar 2012)
Apple fan are very vocal I had a friend that stop being my friend when I decided to buy the cheaper creative mp3 player over ipod. To this very day I still don't understand why it matter to him if I choose to save a few bucks to buy a model with more memory and yet cheaper than iPod.
16. kabhijeet.16 (Posts: 630; Member since: 05 Dec 2012)
Apple fans Literally fight to prove iPhone/iOS/Mac is better even if it doesnt benefit them in any way. Its juz to satify their own conscious/ego.
33. MobileKicker (Posts: 212; Member since: 19 Sep 2013)
U fool Mac is the best laptop in the universe
19. amro99 (Posts: 76; Member since: 29 Nov 2012)
That's the only thing Sammy hasn't copied from apple (hardware) and that's the only ugly thing about galaxy line
34. MobileKicker (Posts: 212; Member since: 19 Sep 2013)
Now the android fools will tell that samsung didn't copy apple...lol
They absolutely did
It is a copy cat
2. joey_sfb (Posts: 2774; Member since: 29 Mar 2012)
Round rectangular touch screen exist long before Apple is even in the mobile phone business. What a joke? Maybe Samsung did not do the smart thing to pay off the right official to get them to rule otherwise.
5. robinlim85 (Posts: 85; Member since: 03 May 2013)
german court is not idiot,stop playing judges wannabe
6. thecorrescode (Posts: 26; Member since: 28 Mar 2013)
So the insider is Florian Mueler, the paid blogger by Microsoft and Oracle... And off course, ALAN F., the not so good journalist wannabe is quoting this guy. Gesh, what is happening to phonearena...
12. -box- (Posts: 3749; Member since: 04 Jan 2012)
One author ruins the site? And Mueller has said some things against Microsoft, so I'm not sure how he's paid off.
7. pixelado (Posts: 130; Member since: 16 Feb 2013)
Where's Michael, we need another article on how it's not copying.
26. Googler (Posts: 813; Member since: 10 Jun 2013)
Exactly, Samsung was just "borrowing" ideas from Apple. It's all good, Tim won't dare bring a lawsuit against them, that's not how he rolls.
10. Dorothy69 (banned) (Posts: 498; Member since: 21 May 2013)
If za' Fazerland' rules for Apple it 'vill be victory for za' fourth Reich and it 'vill be auf wiedersehen Samsung.
11. -box- (Posts: 3749; Member since: 04 Jan 2012)
Pointless arguments are coming.
That said, are any of the alleged devices even on sale anymore?
15. bugsbunny00 (Posts: 944; Member since: 07 Jun 2013)
why samsung?why did you do such a thing? now you see what happens when you do what you did..
29. joey_sfb (Posts: 2774; Member since: 29 Mar 2012)
I asking Apple the same question Why? steal from others and called it iOS 7 ?
18. kabhijeet.16 (Posts: 630; Member since: 05 Dec 2012)
Apple thinks rectangular shape is its patent. Others should make mobiles of triangular, pentagonal, hexagonal or circular in shape. LOL .. non-sense article, nonsense case, nonsense judgement... i-nonsense
28. joey_sfb (Posts: 2774; Member since: 29 Mar 2012)
They probably do have those odd shaped patents in their locker.
20. Taters (Posts: 2682; Member since: 28 Jan 2013)
It would be disgusting if Apple wins this. One stupid country, America, is enough. We don't need another one.
22. VZWuser76 (Posts: 1310; Member since: 04 Mar 2010)
Seriously, I would love to meet ANYONE who was confused enough to think that a Galaxy series phone was an iPhone. Maybe the Samsung logo on the box might be a clue? Even if someone was stupid enough to confuse the two, is it not possible to return it when they realize their error. The world seriously needs to stop coddling idiots. If this keeps up we're gonna have requirements to have foam rubber covering any sharp corners! Apparently thinking for one's self is out of the question anymore. No wonder people's liberties and freedoms are being taken away all over the globe, they're too stupid to realize it's happening.
23. whoyton2 (banned) (Posts: 142; Member since: 19 Jun 2013)
Can someone finally give me proof that samsung have copied apple....I mean actual proof not some own opinion rubbish.....
31. JunitoNH (Posts: 866; Member since: 15 Feb 2012)
It is obvious, no one has to prove anything to you, since your opinion does not matter. Parties and people in the need to know, have already seen the details.
24. MartianMe (unregistered)
ok!! and apple stole those designs from LG and Sony so WTF??
27. Googler (Posts: 813; Member since: 10 Jun 2013)
So they are about to rule, so what? They could rule that Samsung did nothing wrong. Pointless to speculate at this time.
32. Dingy_cellar_dweller (Posts: 183; Member since: 16 Mar 2013)
I don't get it, is Apple in court because Samsung used an ' i ' in it model name eg. i9500, does Apple hold a patent on the letter i.