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Australian Retailer Ready for 'Cat and Mouse' Game with Apple over Galaxy Tab Sales

Late last month, we noted that Apple had begun notifying Australian resellers of the Samsung Galaxy Tab 10.1 of the injunction prohibiting the sale of the device in that country. While the injunction applies only to Samsung, Apple's notice of infringement would make it easy for the company to target the retailers with separate suits.


dMavo's note of defiance on its Galaxy Tab 10.1 order page
(Note has been removed since this weekend)

But The Sydney Morning Herald reports that at least one retailer is prepared to stand up to what it believes is a bluff on Apple's part, taking steps to engage in a cat and mouse game with the company.
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."
Czarnocki notes that the changes imposed very little cost for his company while opening the door for a flood of sales with the injunction against Samsung itself hampering supplies from other channels. dMavo has indeed been experiencing server troubles over the past few days, as interest in the company's offerings and the publicity surrounding its stand against Apple has tested its capacity.

One patent attorney consulted by The Sydney Morning Herald suggests, however, that dMavo may have opened itself up to significantly more risk with the moves demonstrating its open defiance of the injunction. If dMavo's Galaxy Tab revenue is shown to funnel back to Australia in any way or have other connections to Australian companies, the company could be found liable for infringement.
[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".
For its part, dMavo is banking on a November 25th court date for Samsung's appeal of the injunction, hoping that Samsung can win its case and have the injunction lifted before Apple can come after dMavo.

Top Rated Comments

(View all)

32 months ago
Hey dMavo, nobody buys Android tablets so don't waste your money fighting Apple on this.
Rating: 43 Positives
32 months ago
The bravery is respectable, and the stupidity observable. Good luck, retailer v.s. (1st or 2nd) most valuable company in the world.
Rating: 33 Positives
32 months ago
They will, however, bow down to the courts.

. . . of the injunction prohibiting the sale of the device in that country.
Rating: 24 Positives
32 months ago
Australian Retailer, know your place. All will bow down to Apple eventually. :apple: *Plays Imperial March theme*
Rating: 23 Positives
32 months ago

I find it interesting in reading the Steve Jobs book that Wozniak's dad always taught Woz to hang in the middle, never be #1 or at the top of anything.


Except for sales and profits. Apple is a business.

Try saying that in a shareholders meeting: "Guys, let's not be #1. Let's hang back and be somewhere in the middle. Cool?"

Might as well pick out the cardboard box for your stuff that same night.

Being at the top naturally entails risk. You either manage it and continue innovating and growing, or you don't. That's business.

Let's get real. How many also-rans wouldn't kill to be in Apple's place?



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The bravery is respectable, and the stupidity observable. Good luck, retailer v.s. (1st or 2nd) most valuable company in the world.


Looks like an Aussie version of Psystar. We all know how stuff like that turns out.
Rating: 20 Positives
32 months ago
Awesome now everyone can get a garbage tablet!!!!
Rating: 19 Positives
32 months ago



However, even as a diehard apple fan, I still find the whole iPad concept totally useless for 99% of people,


If you were a "diehard apple fan", you would have immediately understood its significance, both present and future, when Steve was comfortably swiping around on it in an easy-chair onstage.
Rating: 17 Positives
32 months ago

If you were a "diehard apple fan", you would have immediately understood its significance, both present and future, when Steve was comfortably swiping around on it in an easy-chair onstage.


What a ridiculous statement. Someone can love Apple and what they do and not like every single product.

And who says he doesn't understand anything - he just finds the device, in his opinion, not of much use to 99 percent of the people. Whether he's accurate or not - it's his opinion. That doesn't mean he doesn't get it. Nor does it mean that he's any less of an Apple fan because he doesn't praise the device as the jesus tablet...
Rating: 15 Positives
32 months ago
Bow? Nay, you will kneel!
Rating: 15 Positives
32 months ago
I find it interesting in reading the Steve Jobs book that Wozniak's dad always taught Woz to hang in the middle, never be #1 or at the top of anything. I've shared this philosophy because I know what happens to those at the top. They have everyone shooting at them. The one thing human society hates more than a loser is a winner and they seek to bring them down. Look at Microsoft. Without Bush's intervention, it would have been broken up. Martha Stewart made a fortune from nothing and yes, she had to be brought down. Apple is now in the unenviable position of leader in a number of categories with the whole world shooting at it and based on the past, this does not bode well for the future. But what does one do? Hobble one's self?
Rating: 15 Positives

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