Following an earlier loss in its campaign to ban its
competitor's products in the Netherlands, Samsung's primary
distribution centre in Europe, Apple appealed (no pun intended) to
The Hague court to have that ruling overturned and a sales injunction
applied.
Today's ruling is the final word on that
particular battle and the Galaxy Tab 10.1 can continue to be legally sold in
the netherlands. In response to the decision, Samsung's Marketing
Manager, Geert Mol stated "We are very pleased. This proves that
the Galaxy Tab 10.1 is distinctive and supports what we have always
said."
The legal action was initiated under legislation
that allows for a corporation to register something called a
“community design” which broadly interpreted means that signature
elements of a product's look and feel can be protected from imitation
by another entity attempting to trade on the similarities. Today's
decision is an outright rejection of Apple's claims that
the Korean phone maker was in breach of said community design.
