Sellers in Australia are bypassing orders of Federal Court of Australia by taking online orders for Samsung Galaxy Tab 10.1 tablet
Last week, Federal Court of Australia ordered a temporary ban of sales of Samsung Galaxy Tab 10.1 tablets in Australia but Australians are making fun of Federal Court’s injunction by ordering them from online stores. Federal Court Justice Annabelle Bennet has forbidden Samsung from selling or marketing its tablet device in Australia until the court completes its full hearing about the infringement case of Apple which will be decided within the current year.
Online sellers like eBay and web stores in Australia like dMavo, Expansys, MobiCity.com.au, and Techrific have obtained stocks from countries live Hong Kong to bypass Samsung Australia. GetPrice.com.au has provided list of Australian sellers who are offering Galaxy Tab 10.1 while there are more than 2000 on eBay site. For instance, MobiCity is offering 12-month Australian warranty.
One of the online sellers Ruslan Kogan received legal threats from Apple after which he withdrew Samsung Galaxy Tab 10.1 tablets from the market. But now it seems that sellers mostly hosted overseas don’t consider Apple’s threats.“If this is an outcome of the injunction, the harm is not to Samsung, which makes its sales all the same, but to the Australian retailers who do not have the opportunity to compete,” remarked a senior patent lawyer Mark Summer field in Melbourne, Australia. He added,” If we could ask one question of Justice Bennett in the wake of her decision it would be this: does she really believe, in a global consumer economy, that there is any practical value in an Australian court slapping an injunction on a mass-market consumer product that is, in any event, widely available for purchase online?”.
A director of dmavo.com.au told a ZDNet Australia on the condition of anonymity that he was importing hundreds of Galaxy Tab 10.1 tablets as he has received large number of orders after the court orders. He believes that Apple has no grounds for legal threats against his business.
Kogan, founder of Kogan.com.au says that the companies have to understand that we now trade in a global market. The executive director of Kogam.com.au, David Shafers, said that only on local sellers will lose out because of the injunction by Federal Court of Australia. “In the age of the internet, an injunction in one jurisdiction doesn’t prevent supply of a product into that jurisdiction, it only harms the retailers or resellers in that jurisdiction because they can’t be the stores making the sale,” Shafer said.
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