Apple enforced Samsung Galaxy Tab 10.1 ban upheld

The ban on selling the Samsung Galaxy Tab 10.1 in Germany is to continue after the Düsseldorf Regional Court once again upheld the preliminary injunction against the tablet based on the alleged infringement of a Community design.

A Samsung spokesperson confirmed that the company will appeal the decision and stated that "by imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry.

Apple originally sued Samsung back in April due to claims that the South Korean manufacturer had copied many elements of its iPhone and iPad designs and user interface with the Galaxy range of phones and tablets.

The issue escalated back in August with the news that Samsung had been told that it has to withdraw the Samsung Galaxy Tab 10.1 from sale in Europe including the UK, just days after it went on sale, following orders by the Düsseldorf Regional Court. Samsung appealed and the preliminary injunction was lifted everywhere but Germany.

That's it then on the Galaxy Tab 10.1 front for the Germans. Apple has seemingly won the battle, and bar any Samsung successes in the appeal process, looks to have won the war as well.

It's a sad fact that electronic companies want to emulate the success of Apple's products by simply copying what it has on offer.

But it is an even sadder fact when Apple flexes its muscles to get a rival's product to cease trading, despite it being an excellent standalone device in its own right and one whose only similarity to the iPad is the form.

And what tablet doesn't look like the iPad? Was the iPad the first tablet to adopt this shape? The HP Compaq tablet PC or a Lenovo X61 probably beg to differ.

With a 13 October Samsung Galaxy device banning date also set by a Dutch court recently, and other legal wrangles still taking place between the two tech giants - we doubt this is the last of this sorry tale.

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