Samsung Electronics (UK) Ltd v Apple Inc

Samsung Electronics (UK) Ltd v Apple Inc

Apple failed to comply with the publicity order by delaying publication in newspapers and magazines and by publishing a misleading and non-compliant notice on its website, including false and confusing material that undermined the order's intent. The court has jurisdiction to make a further, more specific order to ensure compliance and to award indemnity costs against Apple for its conduct.

Parties
Claimant/respondent: Samsung Electronics (UK) Limited; Defendant/appellant: Apple Inc
Jurisdiction
England and Wales
Judgment Date
09 November 2012
Procedural Posture
Civil Appeal / Post Judgment Enforcement; Application for Further Order After Non Compliance
Outcome
Application allowed; further and more specific order made against Apple; indemnity costs awarded against Apple.
Legal Topics
Registered Designs, Publicity Orders, Contempt of Court, Compliance With Court Orders
Intellectual Property Civil Procedure Registered Designs Publicity Orders Contempt of Court Compliance With Court Orders

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Parties

Samsung Electronics (UK) Limited

Claimant/respondent

Apple Inc

Defendant/appellant

Procedural Posture

Civil Appeal / Post Judgment Enforcement; Application for Further Order After Non Compliance

Legal Issues

  1. 1 Whether Apple complied with the publicity order regarding the non-infringement of its Community registered design by Samsung tablets
  2. 2 Whether Apple was entitled to add or modify the court-ordered notice
  3. 3 Whether the court had jurisdiction to make a further or varied order

Ratio Decidendi

Apple failed to comply with the publicity order by delaying publication in newspapers and magazines and by publishing a misleading and non-compliant notice on its website, including false and confusing material that undermined the order's intent. The court has jurisdiction to make a further, more specific order to ensure compliance and to award indemnity costs against Apple for its conduct.

Court Disposition

Application allowed; further and more specific order made against Apple; indemnity costs awarded against Apple.

Orders

  • Apple to remove the non-compliant notice from its website.
  • Apple to publish the required notice, unmodified and unembellished, on its homepage until 15 December.