Community Designs

VW’s Community Design Registration for New Beetle Invalidated

March 25, 2011
On February 2, 2011, VW’s European Community design registration for its second-gen modernized VW Beetle, Community Design no: 000111596-0001 (“CD’001”), was invalidated by the Invalidity Division of the Office for Harmonization in the Internal Market (OHIM), a European Union agency that oversees registration of trademarks and designs.

Figure 1 - Images from CD'001
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Apple v. Samsung: Preliminary Injunction in Germany; Updated September 9, 2011

September 9, 2011
Following up on our coverage of the Apple/Samsung dispute in Germany, FOSS Patents has reported that the Regional Court of Dusseldorf (Germany) has once again upheld the preliminary injunction against Samsung's Galaxy Tab devices based on a Community Design.  Although the decision can be appealed, the preliminary injunction may hold until full proceedings are conducted, which FOSS Patents indicates could take up to a year to conclude.
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Apple v. Samsung: "Design Around" in Germany

November 21, 2011
On November 16, 2011, FOSS Patents reported on Samsung releasing an updated version of the Samsung Galaxy Tab 10.1 with a revised visual design.  This updated version is expected to available for sale in Germany shortly.

The revised tablet is now called the Galaxy Tab 10.1N.  Does this Nrefer to Non-infringing?
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Apple v. Samsung: Apple requests Preliminary Injunction against the 10.1N in Germany

November 30, 2011
Following our prior post regarding Samsung's new Galaxy Tab 10.1, Dow Jones Newswiresnow reports that Apple has requested a preliminary Injunction against Samsung's revised design. 

A hearing is reportedly scheduled for December 22, 2011.  FOSS Patents provides some Germany-specific insight on this development, and expects the hearing to not only relate to Apple's community design claims, but also Apple's unfair competition claims.
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Apple v. Samsung: Apple is denied Preliminary Injunction against the 10.1N in Germany

December 23, 2011
Following our prior post regarding Apple's request for preliminary injunction, Reuters reported on December 22, 2011, that Judge Johanna Brueckner-Hofmann stated that, "[a]ccording to the court's assessment, the defendant has moved away sufficiently from the legally protected design." A final verdict is expected in February.
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Apple v. Samsung: Summary Update - January 2012

January 31, 2012
Engadget has started a "Follow the Saga" feature concerning the ongoing Apple v. Samsung feud, including the most recent announcement that the ban on the original Galaxy Tab 10.1 has been upheld in Germany.  The "Follow the Saga" coverage at Engadget also includes Samsung's 3G lawsuits.

Of note, Apple filed another suit against Samsung in Germany on January 17, 2012, asserting Registered Community Design Nos. 000748280-0006 and 000888920-0018 against 15 Samsung phones between the two designs, as reported by FOSS Patents.  There is an invalidity proceeding pending in both, each initiated by Samsung on August 9, 2011.
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Apple v. Samsung: The UK

October 26, 2012
As we previously posted, Judge Birss ordered Apple to publish a notice on its website for six months, as well as in several newspapers and magazines, that the Samsung Galaxy tablets do not infringe Apple's designs, to "correct the damaging impression" that Samsung copied Apple's product.

On October 18, 2012, the Court of Appeal affirmed Judge Birss. Of note, the judgment stated:
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The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important design patent issues. These postings are in no way representative of the opinions of the Oblon firm, or its clients, but rather the personal views of the individual authors.