Like Mighty Mouse Beating Up Superman, Small Spanish Tablet Maker Wins iPad Lawsuit

Like Mighty Mouse Beating Up Superman, Small Spanish Tablet Maker Wins iPad Lawsuit

Despite a number of recent courtroom victories which have seen Samsung’s Galaxy Tab 10.1 banned in both Australia and Europe, one small Spanish firm has proven Apple doesn’t always get its own way in front of a judge.

The Cupertino computer giant just lost a case against NT-K, which makes Android tablets in Spain, after it pulled the company into court and claimed that NT-K’s device rips off the iPad.

But it was the smaller of the two companies that was triumphant this time around. A FOSS Patents report points to a blog post on NT-K’s website that announces the victory (Google translated):

Needless to clear all the damage it has caused this unjust accusation, both economically and emotionally to our company. We are a small company like many others in these times of crisis we are trying to get ahead, and it seems grossly unfair that a company the caliber of Apple has to use its dominant influence. Parallel to this, start the corresponding civil suit against Apple for consequential damages, lost profits and moral damage.

According to reports, Apple filed its lawsuit against the Spanish firm back in November 2010, several months after the first-generation iPad made its debut, seeking a customs ban on the budget Android device for “copying” the iPad. Spanish customs then seized NT-K’s shipments from China and listed the company on the European Union of product pirates, before Apple made criminal charges against the company a month later.

FOSS Patents’ Florian Mueller believes Apple’s actions against NT-K were “outrageous”:

Considering that this was not a case of product piracy but just a dispute over whether or not Apple has exclusive design rights covering n-tk’s Andoid-based [sic] products, I think it’s absolutely outrageous that Apple tried to attack its rival under criminal law. Having a commercial dispute is one thing, but going down the criminal law avenue is totally unreasonable.

NT-K is now suing Apple for compensation of monetary damages, lost profits, and “moral damages.”

[via 9to5Mac]

  • Aaron

    Enjoy your short-lived victory, NT-K. I’m sure Apple will appeal until you’ve completely run out of money.

  • Jordan Stocker

    yay someone finally beat apple.

  • prof_peabody

    How can anyone tell what is right or wrong here when we don’t have Apple’s side of the story?  

    What were they suing them over exactly?  It isn’t even mentioned here, although the counter-claims are laid out in (somewhat confusing), detail.  All you included was one third-hand claim (three words) about what FOSS *parses* Apple’s intent to (probably) be.   

  • ajay

    apple showing its monopolistic practices, disgusting. All this money and success is going to their heads. Innovation and creativity is being stifled by apple.

  • martinberoiz

    FOSS is the cancer of computer industry. I hope they don’t exist anymore.

  • Enrico_Rizzo

    Well good for them, I’m sure they are now on track to sell dozens of their tablet throughout the holidays.

  • Enrico_Rizzo

    Yeah, it is crazy how Apple has that monopoly on their own hardware – how dare they! Same goes for RIM!

  • Will

    yeah FOSS is awful….. guess you don’t know about the roots of OSX then

  • martinberoiz

    LOL, it seems YOU don’t know about the roots of OSX. BSD is not FOSS, UNIX is not FOSS. Open Source is not FOSS.

  • curtis jackson

    Yeah, Apple will win the appeal, the way  to beat android is to sue all of the company’s one at a time, then take out Google or acquire them. 

  • John Mozelewski

    acquire google? lol ur funny

  • CharliK

    Not with this move. Nothing about this is monopolistic/anti-trust. Just another case of a company fulfilling trademark/trade dress requirements to protect their mark/dress against all levels of possible infringement or have the whole thing tossed for clearly not carrying about their IP. 

    Also they have no issue with innovation and creatively so long as it isn’t done by copying Apple’s IP. Nor do they have an issue with competition, so long as it is legit

  • CharliK

    Maybe, maybe not. The point of the lawsuit may have been merely to attempt to defend their trademark/dress to fulfill the requirements to do so. NT-K will ask for some kind of crazy damages that will be based on sales they can’t prove would have happened and Apple will settle with them for 1/4 that amount and everyone will go home happy on this issue

About the author

Killian BellKillian Bell is a staff writer based in the U.K. He has an interest in all things tech and also covers Android over at CultofAndroid.com. You can follow him on Twitter via @killianbell.

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