Apple concerned over Galaxy Tab duplicate

Apple has today expressed concern in a Sydney court over any move made by Samsung that would see it sneak past the injunction imposed on it yesterday that prevents the sale or promotion of the Samsung Galaxy Tab 10.1.

Legal representative for Apple, Stephen Burley, told Justice Annabelle Bennett in a Federal Court directions hearing that the original wording of yesterday's interlocutory injunction might allow Samsung to sidestep the injunction and release the same tablet under a different name.

"We know what may well come is another version of a [Samsung] tablet. It's up to [Samsung] as to how they name it. We could see the Galaxy Tab 10.1 or 10.2 or 10.1S," Burley postulated.

"What we're concerned to ensure is that the injunction will concern that device. We want to make sure that if there is a device, it won't be the same as a Galaxy Tab 10.1, and we see a problem with identifying it with the specificity necessary so that the essence of the [injunction] orders is maintained," Burley added.

Bennett put the question to Samsung's legal representation, which pledged not to engage in such an undertaking.

"What about the concern that you can't rename the existing device? It's a semantic question, but with underlying substance to deal with the fact that we're still talking about the device in this respect," Bennett said.

In this case, too, Samsung pledged to do no such a thing.

Justice Bennett assured Apple's legal team that Samsung is a reputable company, and could be held at its word.

Samsung's flagship 10.1-inch tablet was restricted from entering the Australian market yesterday due to legal action brought against it by Apple in August.

The case will resume in the Federal Court on 1 November 2011.