Last month, Apple obtained a court decision by which it imposed the blocking of the sale of the Samsung Galaxy Tab 10.1 tablet in Australia. Those from Samsung complied with the decision made by the Australian court, but a retailer called dMavo seems not to be that interested respecting it. The ban on the sale of the Samsung Galaxy Tab 10.1 currently applies only to those from Samsung, but Apple could very easily obtain a ban against retailers who will continue to sell the tablet in their own distribution network.
At least one, dMavo, said it had created a separate entity in Europe to place it outside the jurisdiction of Australian courts, with the tablets delivered to customers from Asia.
"We have a new entity established and a separate server - just to deal with the tablet orders - that is undergoing testing as of last Saturday," dMavo managing director Wojtek Czarnocki said.
"Was Apple just bluffing or do they really want to play the cat and mouse game? We're up for it."
Those from dMavo posted the message in the image above on their own website and opened a pre-order page for the new tablet because for now they can legally sell it. On November 25, the appeal made by Samsung against the decision to ban the sale of the Galaxy Tab 10.1 tablet in Australia will be judged, and dMavo hope that then Samsung will win the case. Moreover, dMavo has registered an entity in Europe through which it is trying to distribute the tablets in Australia. dMavo's problem is that Apple can obtain a sales ban specifically for them and the Australian courts could grant this ban without much effort to maintain their authority.
[Patent specialist Mark] Summerfield said Apple might now be compelled to take action to avoid appearing weak. He said Australian judges would not look kindly on dMavo's attempts to bypass the injunction and "are almost obliged to find some way to punish it to ensure that the courts retain their authority
It is expected that some retailers in Australia will refuse to comply with the decision to stop sales and now it remains to be seen how Apple's lawyers will respond.
