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

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114 months ago
Hey dMavo, nobody buys Android tablets so don't waste your money fighting Apple on this.
Score: 32 Votes (Like | Disagree)
Avatar
114 months ago
The bravery is respectable, and the stupidity observable. Good luck, retailer v.s. (1st or 2nd) most valuable company in the world.
Score: 28 Votes (Like | Disagree)
Avatar
114 months ago
Successful publicity stunt is successful.

The fact that Samsung has said they will not honour warranty on these imported units would put me off immensely.
Score: 14 Votes (Like | Disagree)
Avatar
114 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.
Score: 13 Votes (Like | Disagree)
Avatar
114 months ago
I have a feeling that this will not end well for dMavo if they continue to press the issue.
Score: 11 Votes (Like | Disagree)
Avatar
114 months ago
Stand against Apple my ass. They're an Apple reseller: http://dmavo.com.au/search=macbook/

If they really meant it, they'd pull all their lucrative Mac and iDevice products.

And if I was Apple, I'd certainly honor dMavo's wishes and cancel their reseller authorization for them.
Score: 9 Votes (Like | Disagree)

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