1 August 2013Jurisdiction reportsMichiel Rijsdijk

Apple V Samsung: a lack of consistency

On May 31, 2013, the Supreme Court of the Netherlands delivered a verdict in an appeal about whether the Samsung Galaxy Tab 10.1 and the Tab 10.1v infringed Apple’s Community Design registration (CDR) no. 181607-0001. Importantly, the procedure at hand is not about comparing the iPad and the Galaxy Tab. The design registration filed by Apple is different from the iPad1 or iPad2—they are nearly twice as thin as the registered design and the length and width of the iPads are different from the registered shape.

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