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German Court Enjoins Sale of Samsung Tablet Throughout Most of Europe

A German judge has issued a preliminary injuction (a temporary injuction until the case can be decided on the merits) against Samsung which bars the company from selling the Galaxy Tab tablet PC throughout most of Europe. As we noted earlier with respect to the iPhone versus Samsumg Galaxy smart phone controversy, much of the dispute involves trade dress issues.  Under the Lanham Act (the same legislation protecting trademarks), a product’s visual appearance and packaging (for example, the shape, color, or materials used for a product) can be legally protected. According to a statement by Samsung, “Samsung is preparing to challenge this preliminary order in the court in order to have the injunction lifted as soon as possible.” We interpret this to mean that the company is planning on appealing the injunction order.