German court inclines to hold Korean tech giant liable for unfair and unlawful imitations of iPhone design elements. Six Samsung smartphones including Galaxy S I & S II are subjected to imitating Apple's iPhone.

Düsseldorf Regional Court tentatively plans to announce a ruling on Apple's allegation on six Samsung smartphones and one Samsung media player in August 8, 2013. Apple claims that the seven devices causing confusion of consumers about the origin of those products, exploitation of its reputation and competitive harm arising from the systematic designs or other registered rights.

Grounds against Samsung

"Unlawful imitations" of iPhone and iPod products is the claim of Apple against several devices of Samsung. The American tech company claims its basis on Article 4 para.0 of German unfair competition law which points to "the behaviour of the parties and about Apple's rights as a market actor vis-à-vis competitor as opposed to its rights as an innovator/creator."

The German unfair competition law prohibits any imitation of a unique product or service and the analysis is based on the overall impression made by Apple and Samsung. Any imitation requires a defendant's knowledge of the imitated product which already established in this court case. However, independent creation does not count as imitation nor copying of a third party's creation.

Factors of Imitation Claimed by Apple

There are seven devices from Samsung subjected on imitation claims by Apple which are Galaxy S I, Galaxy S Plus, Galaxy S II, Galaxy Ace, Galaxy R, Galaxy Wave M and a media player, copying design elements of the iPhone and iPod. Design elements include:

- Rounded corners along the edges

- Design patents versus Community designs

- Consumer confusion of the first creator

- Unfair exploitation of iPhone's product image

Both Samsung and Apple hold no specific ground in Germany since they are "outsiders" and the country is "neutral" for tech wars. But Apple may win the court case if based alone on Germany's unfair competition law.