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'Cool' factor weighs against Apple

'Cool' factor weighs against Apple

Wed July 11, 2012 12:00am

SAMSUNG'S Galaxy tablet is not "cool" enough to be confused with Apple's iPad, a British judge has ruled.

The US electronics giant had argued the Samsung Galaxy Tab was too similar to their product but the claim was dismissed in the High Court.

"They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool," Judge Colin Birss said.

He said consumers were not likely to get the two tablet computers mixed up and ruled the Samsung tablets do not infringe Apple's registered design.

A Samsung spokeswoman welcomed the ruling and accused Apple of "excessive legal claims".

"Samsung welcomes today's judgment, which affirms our position that our Galaxy Tab products do not infringe Apple's registered design right," the spokeswoman said.

"As the ruling proves, the origins of Apple's registered design features can be found in numerous examples of prior art. Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited."

An Apple spokesman said he would not comment specifically the ruling but reiterated the company's earlier claims against Samsung: "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong."

Apple is bringing similar action against Samsung in Germany and the Netherlands.

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