Apple loses Dutch Supreme Court appeal against Samsung
The Dutch Supreme Court has rejected an appeal from Apple. Apple took Samsung to court over trademark rights and the similarity it perceived between its tablets and those of Samsung, namely between the iPad and Galaxy Tab 10.1v. The Supreme Court and the court in the Hague earlier rejected the case, saying the devices were sufficiently different from each other. The Supreme Court looked again into the case and especially at the applicable legislation, such as the rules convering "informed users". According to the Supreme Court, the informed user is somewhere between the average consumer and the expert, able to grasp the differences between models. The court noted that the side and back of the devices were not similar. Apple and Samsung are also in court over the user interface.
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