Samsung is planning its appeal of a recent German court decision saying the company cannot sell its Galaxy Tab 10.1 in the country because it looks too much like Apple’s iPad 2.
“The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible,” Presiding Judge Johanna Brueckner-Hoffman said in the verdict. “For the informed customer there remains the predominant overall impression that the device looks” like the design Apple has officially filed for ownership of in Europe.
“The crucial issue was whether the Galaxy Tablet looked like the drawings registered as a design right,” Brueckner-Hoffman said. “Also, our case had nothing to do with trademarks or patents for technology.”
Much to Apple’s delight, Samsung’s German operation is also barred from selling the device in other member states of the European Union, though the company can still do so through operations located outside Germany.
This is the second win for Apple in the month of September. Just a week earlier, the court granted an injunction to Apple, barring Samsung from showing off the Galaxy Tab 7.7 in Internationale Funkausstellung Berlin (IFA), the CES equivalent in Germany.
Samsung is appealing both decisions.