Samsung Outsmarts Apple, Routes Around German Injunction
The drama continues. While Apple may have just won a permanent injunction over the Galaxy Tab 10.1, it seems things are not so clear cut, and actually Samsung can pretty easily route around that injunction. You see, Samsung is not allowed to use their German subsidiary to sell or re-stock the German retailers with the Galaxy Tab 10.1, but Samsung can easily circumvent that by using either their subsidiary in Netherlands to sell to them, or even the South Korean one.
And this seems to actually work, as it doesn’t seem to be a problem for retailers to re-stock their Galaxy Tab 10.1 inventory with new tablets from Samsung’s other subsidiaries. As long as they don’t purchase from Samsung’s German subsidiary, it’s all fair game.
Mediamarkt, for example, which is one of the largest electronics retailers in both Germany and Neitherlands, can simply re-stock their German stores with Galaxy Tab 10.1 units from Samsung’s subsidiary in Netherlands, where Samsung is still allowed to sell, at least for now. Apple did have a small win in Netherlands as well, but Samsung only needs to change something in their gallery app, so they can’t be banned there, too.
So the bottom lime is that Apple’s win was mostly symbolic, and German customers can rejoice. Apple will still get competition from Samsung in Germany against their iPad 2.
So what will Apple do now? They might try to stop Samsung from importing their tablets in EU, but I don’t think it’s possible to get a wide EU ban like that. As for Netherlands, it remains to be seen if Samsung manages to update their gallery app in the next few weeks, or face a ban in Netherlands, just like the one in Germany. But even so, they should still be able to import them from South Korea and give them directly to the retailers.