Apple v. Samsung, A.K.A. Cool v. Uncool

In a remarkably back-handed ruling, Judge Colin Birss of the British High Court has decided against Apple in its recent copyright infringement lawsuit against Samsung. Apple was suing Samsung over the belief that Samsung has imitated the Apple iPad design when creating its Galaxy tablet – enough to cause the average consumer a degree of confusion over what they are buying. At issue was whether Samsung’s Galaxy tablet too closely resembles the Apple iPad, so factors such as the dimensions and design details of the device were taken in to account. Also taken into account, apparently, was “cool” factor. In his public ruling, Judge Birss concluded that Samsung’s Galaxy tablets “do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool.” Yes, you read that correctly. Apple iPad cool, Samsung Galaxy therefore un-cool. From where I’m sitting, that kind of a ruling is more beneficial to Apple’s iPad sales than an injunction against Samsung would have been.

Leave it to the Brits to make a judgment on cool. An official one, that is. They brought us David Bowie, Audrey Hepburn and The Rolling Stones (to name a few) so if there is one country that has a right to make a judicial call on cool or not cool, it’s got to be England. To make matters more interesting, Apple has similar lawsuits pending against Samsung in Germany and the Netherlands. While not necessarily known for being on the cutting edge of hip, I’m willing to bet that (as history has often shown) other countries will follow Britain’s coolness precedent. This does beg the question: Should Apple appeal a judgment that has just handed the company a fabulous new branding angle? After all, how many technology companies get to say their product has been legally defined as “cool” by the British judicial system? None come to mind.

My advice to Apple: Stay cool.

Written by Rose Hemlock

Rose is a content strategist with a Business Management degree and eight years of experience in project management, brand development, and social media marketing. Her love for writing fantastic content may only be surpassed by her obsession with 70’s glam rock. Because she doesn’t like to sleep much, she also runs her own boutique international fashion label and plays keyboard in an alternative rock band.