Apple loses iPad design right lawsuit against Samsung. What does the "overall impression" test mean for parties when assessing breach? Cassandra McCarthy from our Commercial Disputes Team looks at the case in further detail.
The High Court held, at trial in July, that there was no breach
of Apple's registered design right, as Samsung's tablet
created a different overall impression; it was not as
'cool' as the iPad. Further the Galaxy tablet lacked
the 'extreme simplicity' of an iPad.
Apple appealed, but the Court of Appeal, found against Apple once
again. They took the same position of the High Court that the
Galaxy tablet did not breach the registered design rights of Apple.
Apple claimed that the front face and shape of the iPad was the
most important part, not overall impression. Although the
court accepted that the front faces and shape of the tablets were
similar, the Court of Appeal held that 'infringement of
registered design does not involve any question of copying, the
issue is simply whether the accused design is too close to the
registered design according to the tests laid down in
law.'
Having had these reverses in court, Apple has been ordered to
publish adverts in various magazines and newspapers, as well as on
its website, stating that Samsung has not infringed its
rights.
This case is a clear reminder to designers, manufacturers and
parties likely to be involved in design right disputes that when
assessing whether there has been a breach of registered design
rights, the test that the court will apply is whether or not the
accused design creates a different overall impression to the
registered design. Even if there are features that are very
similar, if the overall impression is different then the court will
not find registered design right infringement.
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