Samsung faces a tough battle to overturn the court ruling handed down on Tuesday banning the company from selling the Galaxy Tab 10.1 across Europe, legal experts have said.
The ruling from the Düsseldorf District Court forces Samsung to stop distribution, sales and marketing of the device under European Community design rights because the device is too similar to the Apple iPad.
Robin Fry, a lawyer at Beachcroft LLP, told V3 that Samsung will struggle to overturn the ban as the iPad was the first tablet on the market, and that Samsung may well be forced to redesign its devices.
"Apple's designs, which they allege that Samsung have copied, are strong. Was Apple's iPad 'new and of original character' when it was launched? And does the Galaxy tablet appear to give a similar impression?" he said.
"These are the two simple questions that the court has to decide. I think that Apple will eventually prevail. Samsung should take this decision onboard and change their design now."
However, Fry noted that Samsung can appeal against the ruling when the case reaches full trial next year, and that the initial ruling is not binding.
"This is just a temporary injunction by a junior court in Germany. No evidence was put by Samsung, and it's possible that the ruling could be reversed when the case is put at the full trial," he said.
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