With Apple landing a successful injunction against Samsung’s Galaxy Tab 10.1 tablet in Australia, this not only means that Samsung will not be able to sell the devices themselves, but that injunction will also extended to retailers and resellers as well. This did not sit well with one Australian retailer, dMavo, who claims that they are ready for a “cat and mouse game”.
Apple has threatened retailers and resellers with legal action should they disobey the injunction and continue selling Samsung’s Galaxy Tab 10.1, and dMavo will be calling their bluff by creating a separate entity in Europe to handle orders and delivering to customers from Asia. This appears to be the same loophole that was discovered in Germany, where the injunction applied to Samsung Germany only and that Galaxy Tab 10.1’s could still be sold as long as it was sourced outside of Samsung Germany.
However a patent specialist lawyer from Melbourne’s Watermark law firm, Mark Summerfield, thinks that dMavo is taking a huge risk with their public stand against the injunction against Samsung. Will dMavo attract the ire of Apple’s legal team, or will they just be content with their victory over Samsung? We’ll have to wait and see.
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