The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool. The overall impression produced is different.

The German and Dutch decisions These are Community wide rights and harmony between courts of different member states on issues like this is very desirable. However I find myself in a position in which I respectfully disagree with the assessment of the Dutch Court of Appeal on Stevenson and the German Court of Appeal on Ozolins. These documents form important parts of the design corpus. Ozolins played a significant role in both decisions, especially the German decision, and Stevenson was important in the Dutch decision. Given these areas of disagreement and given their preliminary character, I will not place reliance on the German or Dutch decisions nor will I make this judgment longer than it already is by analysing those decisions in detail.

Bitte - sie sollen endlich mit diesem Kindergarten aufhören. Das ist so furchtbar peinlich.

Im Prozessprotokoll steht unter Punkt 190Mir ist völlig unklar, wieso Apple das nicht auf seiner Seite zitieren darf.

[..]
182 The extreme simplicity of the Apple design is striking. Overall it has undecorated flat surfaces with a plate of glass on the front all the way out to a very thin rim and a blank back. There is a crisp edge around the rim and a combination of curves, both at the corners and the sides. The design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design.
[..]
190 The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool. The overall impression produced is different.

Conclusion

191 The Samsung tablets do not infringe Apple's registered design No. 000181607-0001.

[..]
64 As a result of his second judgment, Judge Birss ordered that:

Within seven days of the date of this Order [18th July 2012] [Apple] shall at its own expense (a) post in a font size no smaller than Arial 11pt the notice specified in Schedule 1 to this order on the homepage of its UK website ... as specified in Schedule 1 to this Order, together with a hyperlink to the Judgment of HHJ Birss QC dated 9th July 2012, said notice and hyperlink to remain displayed on [Apple's] websites for a period of six months from the date of this order or until further order of the Court (b) publish in a font size no smaller than Arial 14pt the notice specified in Schedule 1 to this Order on a page earlier than page 6 in the Financial Times, the Daily Mail, The Guardian, Mobile Magazine and T3 magazine.

65 The material part of the notice specified in Schedule 1 reads:

On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited's Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design No. 0000181607-0001. A copy of the full judgment of the High court is available on the following link [link given]

81 How then does all of that affect the decision as to whether or not there should be a publicity order? The grant of such an order is not to punish the party concerned for its behaviour. Nor is it to make it grovel - simply to lose face. The test is whether there is a need to dispel commercial uncertainty.

82 Given the massive publicity of HHJ Birss's "not as cool" judgment, if there had been nothing else I would not have let the order he made come into force. Events had made it unnecessary.

83 But I have come to the firm conclusion that such an order is necessary now. The decision of the Oberlandesgericht received much publicity. What was the ordinary consumer, or the marketing department of a potential Samsung customer to make of it? On the one hand the media said Samsung had won, on the other the media were saying that Apple had a German Europe-wide injunction. Real commercial uncertainty was thereby created. A consumer might well think "I had better not buy a Samsung - maybe it's illegal and if I buy one it may not be supported". A customer (and I include its legal department) might well wonder whether, if it bought Samsung's 7.7 it might be in trouble before the German courts. Safest thing to do either way is not to buy.

84 Of course our decision fully understood actually lifts the fog that the cloud of litigation concerning the alleged infringement of the Apple registered design by the Samsung Galaxy 10.1, 8.9 and 7.7 tablets must have created. And doubtless the decision will be widely publicised. But media reports now, given the uncertainty created by the conflicting reports of the past, are not enough. Another lot of media reports, reporting more or less accurately that Samsung have not only finally won but been vindicated on appeal may not be enough to disperse all the fog. It is now necessary to make assurance doubly so. Apple itself must (having created the confusion) make the position clear: that it acknowledges that the court has decided that these Samsung products do not infringe its registered design. The acknowledgement must come from the horse's mouth. Nothing short of that will be sure to do the job completely.

85 I turn to the form of the publicity order. No more than that which is proportionate is necessary. As regards the newspaper publicity we had no complaint about the detail of that and, subject to the wording, I would affirm Judge Birss's order. As regards publicity on the Apple home web page, Mr Carr realistically recognised that Apple had a genuine interest in keeping it uncluttered. He proposed that instead of requiring the notice to be on the web page itself, it would be sufficient if there were a link provided from that to the notice. There are some links already provided. All that need be added is a link entitled "Samsung/Apple UK judgment." I think that would be appropriate and proportionate.

86 As regards the period for which the link should appear, Mr Carr recognised that a one month period would probably suffice. So I think it should be required for a month from the date the order of this Court is made. But for the fact that Apple have agreed to obtain discharge of the order of the Oberlandesgericht I would have considered a longer period necessary.

87 Finally I should say something about the notice itself. We heard no discussion about that. Plainly Judge Birss's Schedule has been overtaken by events. Subject to anything that may be submitted by either side I would propose the following:

On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited's Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design No. 0000181607-0001. A copy of the full judgment of the High court is available on the following link [link given].

That Judgment has effect throughout the European Union and was upheld by the Court of Appeal on ….. A copy of the Court of Appeal's judgment is available on the following link […]. There is no injunction in respect of the registered design in force anywhere in Europe.

88 In the result I would dismiss both appeals but vary the publicity order as indicated or in such other way as may be agreed or settled by further argument. I would hope that any such argument (and any other consequential) arguments can be resolved by written submissions.

Lord Justice Kitchin:
89 I agree.

Lord Justice Longmore:
90 I also agree.

....da jetzt die ganze Welt darüber Bescheid weiß, dass Samsung Apple's cool Produkte nicht kopiert, weil Samsung's Produkte schlichtweg schlechter sind - mit richterlichem Stempel

Vielleicht machen sich hier Einige mal gegenwärtig, dass der Ausdruck "cool" im Britischen Englisch durchaus so verstanden wird wie hierzulande in der direkten Übersetzung: nämlich als "kühl, sachlich, schlicht" und NICHT in erster Linie im Sinne im Sinne von Umgangs-Englisch bzw. US-Englisch von "Boah, ist das geil ey!", siehe auch dieser Kommentar hier: