Originally Posted by JeffDM
I also don't see how the Super Tangent isn't a rip-off of Apple's designs. The buttons are very slightly different and they put the brand name on it, but that's it. A different color doesn't make it an original product either.
... and a voice recorder, and an FM radio.
As long as they don't package it in apple's green-on-green packaging with Shuffle icons and Apple logos (the way a different product is being sold), there is no way somebody would buy it and think they have an Apple product.
Nobody buys Tangents or iPods by grabbing unpackaged devices from a bin, which is the only way you might confuse the two.
Originally Posted by wiggin
Now, you tell me, if little Jimmy asked Aunte Elaine for an iPod shuffle for Christmas, and sweet old Elaine saw a box on the shelf that looked exactly like an iPod shuffle except for some VERY minor variations in the shape of the buttons, the buttons labeled exactly the same as the Apple product, and the box was labeled "Super Shuffle", do you think she might get tricked into buying something she didn't intend?
You just said it - the box. Do you think people will assume that every small white rectangular piece of plastic sold must be an iPod Shuffle, even when the name on the product, and on the packaging, clearly says otherwise?
Yes, I know there are some stupid people out there, but a product doesn't become illegal simply because some customers are idiots.
And as you wrote, they did change the name of the product already. So even if you consider "Super shuffle" to be a clone of "iPod shuffle", that issue is no longer applicable. (And if the word "shuffle" is so sacrosanct, then Sony should sue Apple - they have been using the word "shuffle" on their CD players for decades. Apple can't suddenly lay claim to a word that everybody has been using for over 20 years.)