Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1430 (09 November 2012)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1430 (09 November 2012)

Apple failed to comply with the publicity order by delaying publication and adding misleading and false material to the website notice, justifying a further, clearer order and indemnity costs.

Citation
[2012] EWCA Civ 1430
Parties
Claimant/respondent: Samsung Electronics (UK) Limited; Defendant/appellant: Apple Inc
Jurisdiction
England and Wales
Judgment Date
09 November 2012
Procedural Posture
Appeal / Post Judgment Enforcement
Outcome
Further order granted; indemnity costs awarded against Apple.
Legal Topics
Community Registered Design, Publicity Orders, Compliance With Court Orders
Intellectual Property Civil Procedure Community Registered Design Publicity Orders Compliance With Court Orders

Case Brief

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Parties

Samsung Electronics (UK) Limited

Claimant/respondent

Apple Inc

Defendant/appellant

Procedural Posture

Appeal / Post Judgment Enforcement

Legal Issues

  1. 1 Whether Apple complied with the publicity order regarding the Samsung Galaxy tablets
  2. 2 Whether Apple's modifications to the court-ordered notice were permissible
  3. 3 Jurisdiction to make a further order for compliance

Ratio Decidendi

Apple failed to comply with the publicity order by delaying publication and adding misleading and false material to the website notice, justifying a further, clearer order and indemnity costs.

Court Disposition

Further order granted; indemnity costs awarded against Apple.

Orders

  • Apple must remove the Contested Notice from its website.
  • Apple must publish the correct notice, unmodified, on its homepage until 15 December.