0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

some clarity emerges in the ongoing battle of the tablets!

19 October 2012

A strong Court of Appeal (with 2 acknowledged experts in intellectual property), has ruled in favour of Samsung over Apple in the battle of the tablets. The Court has ‘dispersed the fog’ that the cloud of litigation created over the alleged infringement of design rights and has clarified the issues in dispute; given valuable advice on the characteristics of the informed user and when a publicity order should be made.

The first instance decision of HHJ Birss QC became notorious in the media after his comparison between ‘cool’ (Apple) and ‘not as cool’ (Samsung). The judgment of the Californian court awarded Apple substantial damages for patent infringement. Finally, the German court granted a pan European interim injunction in respect of the 7.7 Samsung product.

The court held that ‘real commercial uncertainty’ arose causing damage to Samsung’s business and justifying the ruling for a publicity order, requiring Apple to inform the market that Samsung’s product does not infringe its registered designs throughout the European Union.

related opinions

Retailers and landlords, are your commercial leases future-proof?

The last two weeks have seen yet another flurry of announcements regarding big high street names including Thomas Cook, Argos, Karen Millen and Coast.

View blog

Compulsory drone registration goes live on 1 October 2019

As part of the continued tightening of the restrictions on drone use within UK airspace, the latest amendments to the Air Navigation Order 2016 come into force on 30 November 2019.

View blog

H&M - fighting the two tier retail market and daring to push for better clarity on turnover rents

H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.

View blog

Retail: a tale of two markets

Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up