On October 18th, Apple was ordered to put a notice on its website saying that Samsung’s tablet did not infringe Apple’s iPad. This remedy was a result of a judgment by a U.K. district court declaring that Samsung’s three tablets did not infringe Apple’s famous iPad. The U.K. appellate court later affirmed the district court judgment in October. The district court decision produced in July maintained that Samsung’s tablets were not “cool” enough to infringe Apple’s iPad. This is a win for Apple right? Well the U.K. appellate court decided to remedy Apple’s false accusation of Samsung’s infringement by forcing Apple to put a notice of non-infringement on their website. The only problem is that Apple’s apology wasn’t nice enough, according to the U.K. appellate court judges residing over the decision.
Apple framed their notice in a positive way that inserted parts of the decision saying Samsung’s tablets were not cool enough. This addition angered Samsung, and the judges agreed that Apple would have to take the notice down within 24 hours and replace it with a curative notice. Judge Robin Jacob of the UK Court of Appeal said that, “I’m at a loss that a company such as Apple would do this. That is a plain breach of the order.” Apple asked for 14 days to cure the inappropriate post on its website, but the court swiftly denied that request, not accepting an argument that a company such as Apple could not re-post something on their website right away. Michael Beloff, a lawyer for Apple stated that the notice “is not designed to punish, it is not designed to makes us grovel. The only purpose is to dispel commercial uncertainty.” Do you think that it is warranted for Apple to cure the possible consumer misconception it created? Was any notice to consumers good enough?