Infringement of an Apple iPad design by Samsung tablet?

The Higher Regional Court (OLG) Düsseldorf had to decide whether two tablet PC models by Samsung infringed the design registered by Apple Inc. throughout Europe for the iPad and/or whether the distribution of the computers was to be objected to on grounds of competition law. If so, distribution on the German and/or European market would have to be prohibited.

Apple Inc. is opposing the distribution of two Samsung tablet PCs on the German and European market. Apple is of the view that the design of the competing products is modelled on the design of the iPad and thereby infringes the design registered by the manufacturer throughout Europe. Furthermore, this imitation is alleged to infringe German competition law, as the PCs by Samsung constitute an unfair imitation of the Apple design.

Court decision
In the design dispute between Apple Inc. and Samsung Electronics, the 20th Civil Senate of the Higher Regional Court (OLG) DüsseldorfUrteil vom 31.01.2012 – Az. I 20 U 175/11 – press release – decided that Samsung may neither distribute the tablet PC "Galaxy Tab 10.1" nor the tablet PC "Galaxy Tab 8.9" in Germany, as Samsung by their sale unfairly exploits the reputation and prestige of the Apple iPad.
However, Samsung did not infringe the design registered by Apple, as an earlier US patent application, which had been filed by another US company for a flat-screen display, already disclosed a frameless flat-screen display.

As a result, the scope of protection of the Apple design is limited. Furthermore, the Samsung tablet PCs differ sufficiently from the design of the Apple iPad as registered through the design registration.
The decision is final.

Conclusion

After the Higher Regional Court (OLG) rejected an infringement of the design, Samsung may continue to distribute the two tablet PCs in question in the European countries outside Germany. Because German competition law applies exclusively to the German market, the court prohibited distribution in Germany alone.