"But it has the word 'Samsung' right there, so how could they possibly get it confused?"

 

I want to take a picture of my iPhone (1st gen) at that same angle, but that's how I take pictures... 

Not sure why the cnet guy who's there didn't mention this too.

 

from another live blog. http://www.siliconvalley.com/ci_21275393/live-blog-apple-samsung-patent-trial-experts-take-stand

 

"Wit sez about 1/3 people surveyed saw vid of samsung tab & thot it was iPad; 24 pct also confused a Nook with iPad"

 

Really? nearly 1/4 thought a nook was an iPad?

 

Context is everything:

 

"24 pct also confused a Nook with iPad when struck firmly in the back of the head with the device in question"

Looking at a picture or a video and looking at one in a store are two very very different things. That is what should matter because that is when the purchase is made.

You are assuming that all of those people would actually pick up the phone and play with it before they bought it, it sounds logical to you and me, but its clear that the general consumer is not all that bright.

If the only difference is that Samsung slapped their logo on their KIRF, then they lose.

"Your honor, as you can clearly see, our's clearly says "ROLLEX" on it. Note the double "Ls". It's not our fault customers got it confused with the real th... err, our competitor's product."

When researchers asked participants if red M&Ms tasted better then the blue M&Ms, 38% were confused as to which were the Red M&Ms. 56% said the red M&Ms tasted much better. 5% said, "There are blue M&Ms?" Half of those questioned said there were a lot of W&Ws mixed in with the M&Ms. 

I love AAPL, I do.   But to believe that 37% of the American population is too stupid to read "SAMSUNG" on the front of the screen (or on the packaging) is absurd.  Put both out on a rack, tell people you'll give them $1 if they choose the iPad, and I bet you 99% get it right.  If Samsung were selling north of 37% of the total tablets I might start to believe a statistic, but this is truly ridiculous.

I dislike this argument, as it's basically a straw man. Obviously people can read (well, most can). However, what makes you think they aren't under the impression Samsung makes the iPad? Remember, most people's technological experience is based on a culture of Windows, where you can buy a "Windows PC" from Dell, Acer, HP, etc. and they're all basically the same.

Other counter arguments include the fact that the majority of people are not technophiles. "iPad" is already becoming a ubiquitous term like "Kleenex" and many people associate it with tablets in general. To make matters worse, Samsung seems to have purposely done everything they can to make their competing device look as much as possible like an iPad: everything from the look of the hardware, the icons, their arrangement, and even the packaging. This can lead a uninformed consumer to feel its the "same" as an iPad (especially with a store sales rep schilling for Android). This eliminates a lot of Apple's differentiation; while this in and of itself is not illegal, if it is done by violating protected intellectual property, it is illegal.