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24 July 2012 | By Lucy Burton
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Technology giant Apple must run a series of adverts in the national press alerting consumers that its rival, Samsung, did not copy the iPad, the High Court has ordered.
The order follows a High Court ruling on 9 July (10 July 2012) in which Judge Birss QC ruled that Samsung’s Galaxy tablets do not look “cool” enough to be mistaken for an Apple iPad.
The ruling represents a defeat for Freshfields Bruckhaus Deringer partner Justin Watts who instructed 11 South Square’s Richard Hacon for Apple in its battle with Samsung.
Hacon’s set mate Kathryn Pickard was instructed by Simmons & Simmons partner David Stone for Samsung.
She argued that an order be granted by the High Court requesting that Apple publish the initial ruling, which states that Galaxy did not infringe Apple’s intellectual property, on its website.
While the court rejected the request Apple was ordered to publish a statement outlining the July 9 decision on its UK website with a link to the full judgement for a period of six months.
“The more frequently and the more loudly a rights holder has asserted infringement, the more useful it is to have a clear public statement to the contrary,” Birss J stated.
Apple has also been ordered to take out advertising in The Financial Times, the Daily Mail, The Guardian, Mobile Magazine and T3 magazine highlighting the case.
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