Half of the TV audience mistook Samsung Galaxy Tab for iPad in ads - Page 3

I remember quite few years ago when I was teenager and being all excited about getting a new set of Sony speakers. I went to the store found a really cool looking pair and got back home and set them up and stood back to admire them and it dawned on me that I bought a set of Sanyo speakers. 

Stupid people shouldn't own an iPad anyway.....so no biggie.

Originally Posted by dasanman69 
Prepare to be disappointed because that's not gonna happen, the devices in question aren't even in the market anymore. Samsung has moved on and doing quite well. They'll be penalized a much smaller amount than Apple has requested.

No, that's not how it works, and you know it. For heaven's sake.

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Originally Posted by dasanman69 


See Tallest a dummy comes forward to prove my point. Sorry chump, I mean Champ. Lol

The d-bags are out in full force tonight.

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Originally Posted by Tallest Skil 

"No, these numbers are lies. This didn't happen. I don't care what Samsung themselves are saying; they're lying. No one over two years old could ever possibly confuse a Samsung tablet with an iPad."

Somehow I don't think they were happy about this. Both focused on a product in use for the most part (hopefully we'll never see "smart guy" commercials). If they're associating what they see with an ipad, I can't see this as positive advertising for Samsung. Beyond that I have very little confidence in the intelligence of the general public while they are watching TV. If you've ever observed it, they look like zombies.

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Originally Posted by King of Beige 

As far as I can tell, based on the evidence presented so far, Samsung can not let this case be decided by a jury.
Having said that, we all know Apple will not settle for anything less that the complete destruction of Samsung's android line, because Apple's suit is not about the money, it's about copying and stealing from Apple, to wit; "I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this."
I think Jobs made it clear he wouldn't settle for any amount of money.

He may have said that, but his shareholders wouldn't have allowed it.

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Originally Posted by dasanman69 


Prepare to be disappointed because that's not gonna happen, the devices in question aren't even in the market anymore. Samsung has moved on and doing quite well. They'll be penalized a much smaller amount than Apple has requested.

The money isn't important at all. The decision is.

Lots of people call every mp3 player an iPod. People are dumb. 

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Originally Posted by tooltalk 

eh? This sounds a bit crazy..  So after $1.1+ billion in marketing between 2008-2010, 35%, or 1/3, of consumers still can't link it back to Apple? 

My dad wouldnt be able to. It's not that crazy. I mean he's vaguely aware, but if asked straight up not sure he'll be able to answer. There's a segment of the population that you will never be able to reach. 70% is pretty damn good with this kind of thing. 

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Originally Posted by Cory Bauer 

 

 

Are you telling me 35% of consumers don't know what an iPad is and who makes it? What dark bottomless cave are these people living in?

25% of Americans don't believe in evolution.  25% believe in astrology.  20% (last checked in 1999) would tell you the sun orbits the earth.  So in my mind, that 35% might be a lowball.  

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Originally Posted by Champ 

I remember quite few years ago when I was teenager and being all excited about getting a new set of Sony speakers. I went to the store found a really cool looking pair and got back home and set them up and stood back to admire them and it dawned on me that I bought a set of Sanyo speakers. 

That's nothing - 150,000 people went home thinking they'd bought a car only to find out they were sold a Yugo.  

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Originally Posted by Tallest Skil 

Your point being what, that Apple wasn't first and therefore can't patent anything and should lose? News flash: all this crap has been invalidated.

The case is about design patents, about trade dress and customer confusion, and I'm happy that I don't have to decide the case. But I do care a lot about design and industrial innovation.

Form follows function, eventually, and good design teams make that happen real-time. Those employed by Apple have, in addition, created product designs that are extremely desirable.

Anyway, the Knight Ridder design study demonstrates how the design goal "deliver news on an interactive device" independently leads to a device largely similar to a Kindle.

Or an iPad, if you like. A thin slab with rounded corners. Design patents can be a lot harder to defend than utility patents. I'm not concluding anything.

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Originally Posted by dasanman69 


I was kidding dude. No need to get twisted about it.

Ya me to. 

That experience made me into a much more savvy tech consumer and I would never mistake a Samsung phone for an iphone. I've held both side by side and there's is no comparison. Samsung makes crap IMHO. My 5 year old Samsung plasma has been repaired twice. Thank god I bought the extended warranty! I didn't buy one for my Samcrap surround sound though. Only lasted  a year and a half. Never again. My apple stuff....never a problem. 

I know a lot of people that would be fooled by tech companies like Samsung because there tech IQ is horrible. Shame on Samsung for taking advantage.

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Originally Posted by tipoo 

Lots of people call every mp3 player an iPod. People are dumb. 

And lots of people also call every music file an MP3.

And they buy "CDs" from the iTunes store. (as opposed to albums)

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Originally Posted by dasanman69 


That's funny because I also have a 5 yr old Samsung plasma that's been aces to me and I swear by it. I've always been lucky with consumer electronics now that I think of it.

I don't believe you. Not convincing at all. Are you on Samsung's legal team by chance?

Just messing with you! Have a good night!

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Originally Posted by digitalclips 


Remember 50% of the population have an IQ <100. It's pretty good that the number is not worse!

So maybe there's hope for Samsung after all. 

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Originally Posted by CGJ 

I never really used to think that Samsung copied Apple much...until I saw this picture on someone's Facebook...

 

 

At first I was like 'what's up with her iPad?' - then...well...

That's OK. Four out of Five Samsung lawyers can't tell that apart from a genuine iPad either. No shame in it, really. You're not dumb.

it just means that our american public on the most part are basically morons  if you cant tell the difference between an ipad and a galaxy tab  neither one is really going to help you much

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Originally Posted by dasanman69 


How about a nickname for Richard? And if you don't know what it is then it's Dick.

Hey, I resemble that remark!

Why Samsung will lose this one...

Samsung is not fighting the real battle at all. They are not claiming that they did not copy Apple's designs, they are not claiming that even if there is any similarity in the designs, it is purely coincidental. On the contrary, there is enough evidence from Samsung's own internal records that they actively compared the evolving design of the Galaxy S against the iPhone and wherever they found "issues", it was asked that the design be more like the Apple design. This is all documented and accepted in evidence - Samsung is not even contesting these points.

What they are contesting is -

- We cannot do anything else, except make devices this way - this is the obvious design. Quite obviously this is false, because there are other companies that have made tablets and phones with enough distinguishing marks that customers do not get confused. Even Samsung's own later models are easily distinguishable from Apple's products.

- Apple also copied the design from Sony. Apple commissioned a design from its own engineers, and never released a product with that design to the market, in an attempt to understand how Sony would have designed the iPhone, if it designed the iPhone. Samsung is stretching this to say that Apple itself has copied the design from Sony. Quite obviously this is a massive stretch - because Sony never released a product in the market with that design, and neither did Apple. And in any case, even that Sony design is quite distinguishable from Apple's eventual design. What flights of fancy Apple chooses to engage in, with its own employees, and at its own cost has no relevance to this case, as long as the products never see the light of the day.

- There is prior art in movies, and science fiction, so Apple's design patents are invalid. The problem with this, is that we are not talking about a patented idea, but a patented design. Even if the same product is shown in the movie, chances are that the design of the product would be different in significant ways. Trade dress is a very specific thing - it is about specific design elements, and also the overall contribution those design elements make to the final look of the product. Just because some tablet was shown in 2001 - A Space Odyssey, does not mean that it had the same design as Apple's tablet, and Apple's trade dress is invalid.

- This design is about rectangles and rounded corners, which Apple cannot claim to own. Even if Samsung wants to dilute Apple's trade dress to just be about Rectangles and Rounded corners, that does not mean that the jury will accept that. There are several other aspects to trade dress, like the bezel, chrome, positioning of buttons, packaging, size and appearance of other accessories like the charger, etc. And more importantly, Apple is not going after other devices which are rectangular with rounded corners.

On top of not fighting the real issues, and bringing up totally invalid and irrelevant issues, Samsung is also damaging its case big time by several stupid actions.

- Destroying evidence. This is a big issue, and the law is very clear on this subject. For a major corporation to have such a short email retention policy is stupid to say the least. And that too at a time when there are dozens of mail providers offering 5GB and more in free space! The law is also equally clear that in case evidence is destroyed, for whatever reasons, that evidence will be treated as if it is against the interest of the party destroying the evidence.

- Disobeying direct judge orders. This is another massive problem. I can only think that Samsung is doing this because it knows it is going to lose, and it wants to create some public opinion in their favor that they did not lose because of the facts of the case, but lost only because of bias against Samsung. And to probably create grounds for an appeal.

- Delaying and missing important deadlines. Once again, for a seasoned legal team to slip up in such ways is quite amazing. I can only think that this is part of an intentional ploy to create the impression that the judge, jury and public are biased against Samsung, and it is no wonder Samsung lost this case. Considering the facts of this case, I would not be surprised if Samsung loses, and appeals, and does pretty much the same thing during the appeals as well. I think Samsung knows it is going to lose, but probably think that they will not be much worse off even if they lose in court. They guess that even if they lose in court, what they have to pay to Apple will probably be less that what Apple is asking of them today. And they might get away with paying Apple, and might still be able to continue making phones and tablets.

Considering the way in which Samsung is fighting this case, I think it is very obvious that they expect to lose. And they will lose. The only question is, what will be damages be. Apple is asking for $2.5 Billion. Even if this number is lowered to say $1.5 Billion, I think the overall loss for Samsung would be a lot higher - there is a very high probability that Samsung could face triple damages for willful infringement. And they could be forced to pay Apple for future products as well.

Apple spends about $8-9 Billion a year in Samsung products, and is actively trying to reduce their exposure to Samsung. I would not be surprised if the overall impact of this lawsuit is such that Apple effectively gets a whole year of supply from Samsung for free!

And the impact on Android could be even bigger. If Samsung, with all its IP, all its profits, and its supplier relationship with Apple cannot get away with what it is doing, what hope is there for the other Android licensees - especially companies that are struggling to make profits and increase sales?

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Originally Posted by Cory Bauer 

 

 

Are you telling me 35% of consumers don't know what an iPad is and who makes it? What dark bottomless cave are these people living in?

Bottomless cave? (Said in the voice of Sheldon Cooper with that look lol.)

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Originally Posted by peterring 

 

The case is about design patents, about trade dress and customer confusion, and I'm happy that I don't have to decide the case. But I do care a lot about design and industrial innovation.

 

Form follows function, eventually, and good design teams make that happen real-time. Those employed by Apple have, in addition, created product designs that are extremely desirable.

 

 

Anyway, the Knight Ridder design study demonstrates how the design goal "deliver news on an interactive device" independently leads to a device largely similar to a Kindle.

 

Or an iPad, if you like. A thin slab with rounded corners. Design patents can be a lot harder to defend than utility patents. I'm not concluding anything.

A Kindle started out with sharp corners; like a book. However, the "thin slab with rounded corners" is only a tiny part of the complete trade dress patent... only the preamble, if you will. Samscum didn't stop there, but went whole hog. To hear Samscum go on, you'd think it was all about the rectangle, however that's a misdirection. 

If Apple wins this, and I think they have a good chance at it, all other tablets will greatly change their appearance to steer well away from Apple's look and feel. Only Microsoft's butt-ugly tiles may escape the carnage-to-come.

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Originally Posted by dasanman69 


That's funny because I also have a 5 yr old Samsung plasma that's been aces to me and I swear by it. I've always been lucky with consumer electronics now that I think of it.

Sansung does make reasonably good products. I've very happy with my Samsung refrigerator even though it tends to make a sound like a pop-gun now and then for no apparent reason.