Insider says that a German court is about to rule that Samsung deliberately copied Apple designs

Insider says that a German court is about to rule that Samsung deliberately copied Apple designs
A German court is about to make a ruling on whether Samsung deliberately copied the design of the Apple iPhone and the Apple iPod. One report from a reliable source close to the court, says that the ruling will go against Korean based Samsung. The Düsseldorf Regional Court is supposed to make its ruling on August 8th.

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

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34 Comments

1. abcdefgh

Posts: 471; Member since: Mar 29, 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: 6794; Member since: Mar 29, 2012

Apple design don't change much it's boring using their same 2009 design for 2013.

9. Mxyzptlk unregistered

You don't fix what was never broken.

13. AnTuTu

Posts: 1603; Member since: Oct 14, 2012

Oh just cut the crap "Mxyzptlk". You are just an old School guy like fruit.

21. _Bone_

Posts: 2155; Member since: Oct 29, 2012

Not broken can be and is outdated.

30. iami67

Posts: 333; Member since: Oct 18, 2011

Sadly Iphones are the most broken phones

4. ihatesmartphone unregistered

I couldn't agree more XD

8. jdoee100

Posts: 334; Member since: Jun 04, 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: 6794; Member since: Mar 29, 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: 885; Member since: Dec 05, 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: Sep 19, 2013

U fool Mac is the best laptop in the universe

19. amro99

Posts: 114; Member since: Nov 29, 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: Sep 19, 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: 6794; Member since: Mar 29, 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: 86; Member since: May 03, 2013

german court is not idiot,stop playing judges wannabe

6. thecorrescode

Posts: 40; Member since: Mar 28, 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: 3991; Member since: Jan 04, 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: Feb 16, 2013

Where's Michael, we need another article on how it's not copying.

26. Googler

Posts: 813; Member since: Jun 10, 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

Posts: 498; Member since: May 21, 2013

If za' Fazerland' rules for Apple it 'vill be victory for za' fourth Reich and it 'vill be auf wiedersehen Samsung. danke schön!!

11. -box-

Posts: 3991; Member since: Jan 04, 2012

Brace yourselves. Pointless arguments are coming. That said, are any of the alleged devices even on sale anymore?

15. bugsbunny00

Posts: 2262; Member since: Jun 07, 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: 6794; Member since: Mar 29, 2012

I asking Apple the same question Why? steal from others and called it iOS 7 ?

17. kabhijeet.16

Posts: 885; Member since: Dec 05, 2012

Nonsense..

18. kabhijeet.16

Posts: 885; Member since: Dec 05, 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: 6794; Member since: Mar 29, 2012

They probably do have those odd shaped patents in their locker.

20. Taters

Posts: 6474; Member since: Jan 28, 2013

It would be disgusting if Apple wins this. One stupid country, America, is enough. We don't need another one.

22. VZWuser76

Posts: 4974; Member since: Mar 04, 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

Posts: 142; Member since: Jun 19, 2013

Can someone finally give me proof that samsung have copied apple....I mean actual proof not some own opinion rubbish.....

25. kabhijeet.16

Posts: 885; Member since: Dec 05, 2012

Agree

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