Updated 12:46pm PT: Apple will appeal the ruling.
Apple must temporarily promote the Samsung Galaxy Tab on its U.K. website after a judge ruled that the South Korean company’s tablet is not “cool” enough to infringe upon the iPad.
According to the Washington Post, Apple must publish a statement on its U.K. website saying the Samsung Galaxy Tab is not similar to the iPad, so as to diminish any consumer biases the trial created. It will also have to publish a statement about the trial’s result in British newspapers to accomplish the same.
Apple will appeal the ruling, according to Bloomberg, which has been approved by the judge.
Earlier in July, U.K. Judge Colin Birss ruled that the Samsung Galaxy Tab frankly isn’t “cool” enough to be mistaken for the iPad. He also noted that the Galaxy Tab is thinner than the iPad with a different design on the back.
“[It does] not have the same understated and extreme simplicity which is possessed by the Apple design,” said Birss. “They are not as cool.”
It’s an obvious backfire for Apple, which is taking Samsung to task all over the globe, saying the company’s Galaxy Tab 10.1 and the Galaxy Nexus smartphone are too similar to its products. The company has gone so far as to call them “blatant copying.”
According to the Washington Post, Apple’s lawyer, Richard Hacon argued that this was providing Samsung with “an advertisement” on the site and went on to say, “No company likes to refer to a rival on its website.”
Even though it did not win this case against the Galaxy Tab in the U.K., Apple recently was awarded preliminary injunctions against both the Tab and the Galaxy Nexus in the U.S. The company already started sending notices to retailers selling the devices, saying that they are banned from sale until the end of the trial. If the courts rule in Apple’s favor, the company could seek to ban the products from sale in the U.S. completely. That’s a huge blow to the South Korean manufacturer, as the U.S. is the second largest smartphone market in the world, beat only by China.
via The Washington Post;