What I'd like to know is how Samsung's lawyers could be unable to tell the difference [reuters.com] between an Apple and a Samsung product from ten feet away, yet you assume that the casual viewer will totally know the difference.
I'm pretty sure that's bullshit, because:
At one point during the hearing, she held one black glass tablet in each hand above her head, and asked Sullivan if she could identify which company produced which.
They were most likely off, meaning you couldn't see the user interface. And depending on how they were being held, you could probably block off the home button and other identifying characteristics so the only thing to go on would be the aspect ratio, which while entirely different, is something you'd need to know ahead of time.
So, here's a challenge for you: Go into a big box store, and find the TV section. From far enough away that you can't see the logos, I want you to identify by brand each TV. Can you do it? Because some people certainly can, but most people would just see a bunch of black rectangles on the wall, all showing the same video.
Yet, TV manufacturers don't sue each other over the "trade dress" despite the fact that all the large black slabs look basically identical. You know why? Because form follows function. It's a TV: it's basically all display with a little bit of structure around it and a few controls beneath the screen. They all look the same.
The exact same thing applies to tablets. Visually, they're just a touchscreen, with a few buttons around the display. They all look identical to the casual observer. But if you hand one to someone and ask them who made it, unless they can't read, no one will mistake a Samsung for an ASUS. Let alone an iPad.
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