A recent
Judgment handed down by HH Judge
Birss QC sitting as a High Court
Judge in
Samsung Electronics (UK) Limited v
Apple Inc considered the
essential aspects of a claim for
infringement of a registered design
and left Samsung in the clear as
their Galaxy tablet was found not to
infringe Apple’s registered design
as it was just “not as cool”. It
remains to be seen whether the Judge
lives to regret that expression
should Apple go to the Court of
Appeal.The Judge analysed
the specific features of the Apple
handheld computer protected by a
Registered Community Design, in
particular:-
i) a rectangular, biaxially
symmetrical slab with 4 slightly
rounded corners;
ii) a flat transparent surface
without ornamentation;
iii) a very thin rim of constant
width;
iv) a rectangular display screen
with a plain border beneath the
transparent surface;
v) a substantially flat rear
surface;
vi) a thin profile; and
vii) overall – a design of
extreme simplicity.
and considered each feature in
turn in order to give it appropriate
significance or weight, addressing
and weighing the differences between
the design and the alleged
infringement.
He stressed that what really
matters in design infringement cases
is what the court can see with its
own eyes, the most important things
about the registered design, the
accused object and the prior art
being what they look like.
He considered the overall
impression given by each of the
products from the perspective of the
informed user and found that the
Samsung tablet would be seen by the
informed user as belonging to the
family which includes the Apple
design but that it did not have the
same understated and extreme
simplicity which is possessed by the
Apple design. The overall impression
produced was found by him to be
different.
Images of the Apple design and the
Samsung tablets can be seen here.
(PDF)
The case serves as a useful
reminder of the approach taken by
the court to registered design
infringement cases and of the
analysis carried out. It also
highlights the importance of taking
specialist advice when contemplating
either an application to register a
design or to challenge a third party
design.
For more information and advice
on how Taylors’ I. P. team can
advise on design registration
issues, other ways to protect your
intellectual property and what to do
if you feel your rights are being
infringed, please contact
tony.catterall@taylors.co.uk or
call 0844 8000 263. |
