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UK Judge: Galaxy Tab "Not Cool" Enough To Infringe iPad
zacharye writes "U.K. Judge Colin Birss has ruled that Samsung can continue selling its Galaxy Tab 10.1 in the region because the Android tablet is 'not as cool' as the iPad and therefore is unlikely to be confused with Apple's slate. Samsung's Galaxy line of tablets 'do not have the same understated and extreme simplicity which is possessed by the Apple design,' Judge Birss said. 'They are not as cool.'"
Because that ruling really is for teh lulz. This quote is likely to become an internet meme all on its own, with thousands of pictures of cats sitting on Samsung tablets and half-witted captions about "keepn warrm on mah galaxy bcuz itz not cool"
John
The rule is fine, but the logic used is horrible. Instead of pointing out how obviously screwed up the patent system is, we see this: A special case exception based on an opinion, which is most obviously not law and can not be translated in to law!
-The wise argue that there are few absolutes, the fool argues that there are no probabilities.
Come'on when was the last time you've ever heard the words "not as cool" coming from a bunch of silly looking serious magistrates (with those funky white hairpieces).
It's a funny image.
If you want a device that has no controls except the touch screen itself, you are going to wind up with a screen surrounded by a narrow frame. The only choice is color, and black has been a safe bet as a trendy color for decades.
So the usual question: what else should a tablet look like?
Design patents aren't.
Enjoy life! This is not a dress rehearsal.
but they are cool enough.
It would be interesting to get one, but not by paying UK prices.
A feeling of having made the same mistake before: Deja Foobar
So, when Apple inevitably appeals the decision, can we take that as a de facto statement that they do not, in fact, find their own products to be "cool" or posses "understated and extreme simplicity" in their designs?
An enigma, wrapped in a riddle, shrouded in bacon and cheese
News sources report a mad rush of hipsters trying to buy a Galaxy Tab before it becomes cool.
https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
There are those who still insist Apples are inherently better for graphics, which really isn't true anymore.
I loved the concept of Android, but used an iPhone for the past 3 years. Android has really come a long way in that time. It should be noted that most iOS 5 features existed in Android first. The notion that Android isn't as cool, slick or intuitive as iOS was once true, but no longer is.
I made the switch to a Galaxy S III and it actually exceeded my expectations. The OS is very intuitive, slick and looks really good. The surprising thing is I think the typography is better, which is an area where Apple normally excels. Roboto is just a great looking scalable font.
I find great features every day that I didn't even know about. For example, I set an alarm on my phone to take a nap. It slowly woke me up with soft music like a zen alarm clock.
http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
Now the judge should go for the jugular and rule that Apple can't ever sue anybody again because of form based on the 'coolness factor'. The judge should cite Fonzie as prior art.
You can't handle the truth.
Who uses a tablet from ten feet away?
So Apple has the rights to "cool." Is that patent, trademark, or copyright? Or does the UK has some other category where a "registered design" means something important?
Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
""Samsung had requested this voluntary trial in September 2011, in order to oppose Apple's ongoing efforts to reduce consumer choice and innovation in the tablet market through their excessive legal claims and arguments. Apple has insisted that the three Samsung tablet products infringe several features of Apple's design right, such as 'slightly rounded corners,' 'a flat transparent surface without any ornamentation,' and 'a thin profile.' "However, the High Court dismissed Apple's arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP's TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004."
They might be cool (after all, the target market values form over function) but they aren't original!
That IPad they show in TFA is SO COOL!!
Privacy is terrorism.
As the Galaxy Tab can't double as a hand/lap warmer it's obviously completely unrelated product, aimed at a different demographic.
There! Right there. Did you all feel it? The word "evil" was finally devalued to absolute zero.
So you're telling me that you're going to accept a judges opinion on what's cool?
I'm friends with a few judges and retired judges, nice guys, but I'm not taking advice on what's cool from them.
If someone is passing you on the right, you are an asshole for driving in the wrong lane.
Apple's not cool anymore.
With their domination of the tablet market, the fanatical following of their phones, and the dominance of the portable music devices, not to mention their obsession with being cool; these factors can only lead me to one conclusion: Apple is not cool anymore.
Simply because its not cool to be part of the herd. And The Cult of the Fruit is one big herd.
If someone is passing you on the right, you are an asshole for driving in the wrong lane.
Apple is a widely recognised trade mark, so if it says "Samsung" on the back the chance of confusion is minimal.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
Most "Passing off" is subjective; I am reminded of the Chrysler that has been made to look like a Bentley. When asked if they would sue Chrysler for passing off, the Bentley spokesman is said to have replied "Nobody who might actually buy one of our cars would be fooled for an instant." This is a very similar example.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
Apple's trouble is when even a judge is calling their device "cool", and every metrosexual media employee has been indoctrinated into loving their devices, then they cease to be truly cool because they're just another lame fashion accessory. Too "cool" to be cool.
Cool is an elusive concept. Apple and their billion dollar marketing team are trying too hard to hold onto it. When a product becomes 100% mainstream and run of the mill it's become reality TV. So last decade.
The Galaxy Tab is the underdog and underdogs can be cool.
Your ad here.
Have gnu, will travel.