Apple v Samsung- tablet design appeal

Apple had accused Samsung's Galaxy Tab of infringing the iPad’s design. The High Court back in July had ruled that the look of Samsung's Galaxy Tab was not too similar to the iPad.

Apple appealed on the basis that the front face and overall shape of the tablet was the most important factor rather than the overall design as users would mainly be looking at a tablet's screen.

The appeal judges emphasised that the issue was not one of copying but whether the accused design was too close to Apple's registered design.

In general Samsung's designs were described as "altogether busier" and several features were highlighted which were said to distinguish the Galaxy Tab from the iPad including:

• the Samsung logo on the front of the Galaxy Tab- Apple's registered design states there should "no ornamentation";
• the "sharp edge" sides of the iPad's design which were held to be significantly different from those of the Galaxy Tabs; and
• the inclusion of a thicker section to house a camera on the Galaxy.

Samsung may have this one under their belt but are currently appealing against a patent judgment in the US for infringing several Apple software patents and the look and feel of the iPhone.

If you require advice on your design rights or any issues covered in this blog please contact:

John North, Head of Corporate and  Commercial [email protected] or

Stephen Welfare, Head of the Intellectual Property Unit s[email protected].