Samsung files against CAFC review of decision reversing Galaxy Nexus injunction

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  • Reply 21 of 22


    Originally Posted by ronf57 View Post

    jragosta, I don't buy the SAMSUNG GALAXY Tab tablet buyers ever believed they were buying an APPLE IPAD.

    The boxes are different, the names are different.


     


    You may not buy it, but that's what the people and even the companies themselves reported. So that's it.





     Whomever these people claimed to have been "duped" could only claim they "wished"for the iPad application and interface and wanted to cheap out.


     


    That's the very idea.






    "The test is not whether a 5 year old can tell the devices apart, the legal test is whether a 'knowledgable' person can. And clearly the branding upon the devices is more than sufficient for that determination."



     


    No, that's not the test at all.

  • Reply 22 of 22
    kdarlingkdarling Posts: 1,640member

    Quote:

    Originally Posted by ronf57 View Post



    jragosta, I don't buy the SAMSUNG GALAXY Tab tablet buyers ever believed they were buying an APPLE IPAD.


     


    I can believe perhaps a grandmother sent to buy an iPad, might come out with a Tab.  But that would the fault of the salesperson, not her.   It's not like these expensive tablets are just sitting around in boxes, and you accidentally pick up the wrong one.  On the contrary, you have to ASK for what you want to buy.


     


    The Best Buy study, for example, had nothing that said customers bought a Tab thinking they had bought an iPad.


     


    The only number in it even close, was a relatively small percentage (compared to other return reasons) of buyers who came back and exchanged it for an iPad. 


     


    It was Apple's lawyers who tried to spin that exchange number into representing a huge amount of consumer confusion... and their claim is what lazy reporters repeated.

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