Apple 2.0

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Apple iPad still too 'cool' to win Samsung Tab case in U.K.

October 18, 2012: 8:34 AM ET

Having lost its appeal, Apple is supposed to run a public apology in 14-pt. type

Samsung Galaxy Tab 10.1 and Apple iPad

FORTUNE -- Apple (AAPL) is having a tough time making the case that Samsung's Galaxy Tab is an iPad rip off.  Courts in The Netherlands and Australia didn't buy it, and even the California jury that dinged Samsung $1 billion for copying the iPhone let the Tab off the hook.

But perhaps the most famous ruling in Samsung's favor was the one made in July by a London High Court that described the Tab as not "cool" enough to be confused with the iPad.

Apple appealed the July ruling and on Thursday that appeal was denied.

Unless it chooses to take the case to the U.K. Supreme Court, Apple must make amends, as ordered in July, by posting a public apology -- in 14-pt. Arial -- on its U.K. website and in advertisements in the Daily Mail, the Financial Times, T3 Magazine and other publications to "correct the damaging impression" that Samsung was a copycat.

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About This Author
Philip Elmer-Dewitt
Philip Elmer-DeWitt
Editor, Apple 2.0, Fortune

Philip Elmer-DeWitt has been following Apple since 1982, first for Time Magazine, and now on the Web for Fortune.com.

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