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Comment by stephengillie | Hacker News Reader

but in the end, the main question for the court will be whether or not Samsung has used all of these elements in a way that's likely to confuse consumers about what they're buying.

How can consumers be confused about what they're buying? Even if their software appears similar, one device has a large Apple logo on the back and is sold almost entirely through a different retail chain.

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For what it's worth, the "different retail chain" isn't as different as you might think. Apple only sells 15% of all iPhones in the US directly. Most of them are bought through cell providers and Best Buy.

http://allthingsd.com/20120323/best-buy-is-selling-nearly-as...

You'd be surprised what consumers can mistake a product for. In many people's eyes, iPhone == smartphone. It'd be a relatively simple mistake to make if you are a elderly non-techie.

Then they should read what's written on the box because its pretty damn clear. I mean going by that kind of thinking, one can mistake vodka and water. In fact its probably a LOT easier to mistake vodka and water than an iPhone 4 and a Galaxy S2.

Vodka, water, same color. iPhone, Galaxy S.. not even the same color. Just a vaguely similar shape. Heh.

That's the whole point! The S and the SII weren't 'vaguely similar' to the iPhone, they were almost identical.

That's very much incorrect. The SII doesn't remotely look than an iPhone 4, except both are squared... different COLOR, different SIZE, different BUTTONS...

Both are offered in black and white. Although the SII was bigger the aesthetic is practically identical. You can say that you disagree, but to suggest my statement is very much incorrect is off the mark.

So, if they ended up buying an android phone, does that really count as a mistake? After all, they didnt really want an iPhone, they wanted a smartphone, and that is what they got.

Because when you are a retail store you are only looking at the front of a device not the back. In some stores they actually have the tablets fixed to the table.

Also outside of the US (and pretty sure in the US as well) the same retail chains will sell all types of tablets including iPads.

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