The US electronics giant argued the Samsung Galaxy Tab was too similar to its own product.

A judge at the High Court in London ruled in July the Galaxy tablet was not "cool" enough to be confused with Apple's iPad.

However, Apple launched a Court of Appeal challenge. The appeal was dismissed by Lord Justice Longmore, Lord Justice Kitchin and Sir Robin Jacob.

They upheld the decision of Judge Colin Birss, QC, that three Samsung Galaxy tablet computers did not infringe Apple's design.

In yesterday's ruling Sir Robin said the case was not about whether Samsung copied Apple's iPad. He said: "Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design according to the tests laid down in the law."

Sir Robin said consumers were not likely to get the two tablet computers mixed up.