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[AI] Samsung lawyer couldn't tell iPad and Galaxy Tab apart from 10 feet away - Page 20

post #191 of 258
I would say the bottle is more part of the product than the packaging is for tablets.
I would still not agree with Apple's lawsuit, though. Some people would still "mistake" the Galaxy Tab for an iPad, simply because they have heard of the iPad or seen it and think of it and use it as a generic term for "tablet" instead of the proper name. But then again, they could also "mistake" tissues for "Kleenex," soda for "Coke," glass/surface cleaner for "Windex," etc. You don't see every tissue box maker being sued, or blue surface cleaner in a clear bottle. If you put both tablets side by side and someone can't identify them, they are ignorant of electronics and the iPad will win simply because its more popular. There will always be people like that. To someone that is tech savy, though, they are COMPLETELY different, and not trying to "copy" them.
    
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post #192 of 258
Quote:
Originally Posted by Stealth Pyros View Post
That still doesn't really work, let me try to explain why:

Coca-Cola and Pepsi's liquid soda are practically identical. Place the two side by side in a clear glass and I highly doubt you can tell them apart. The way you CAN tell them apart is by their packaging. Correct? Pepsi's bottles cannot look exactly like Coca-Cola's classic glass bottles.

The Galaxy Tab, although it looks like the iPad, comes in COMPLETELY, world's apart, different packaging, that clearly indicates which product we're actually looking at. So what is the issue here? Coca-Cola having sole rights to their bottle design isn't like Apple having sole rights to their iPad design; it would be more like Apple having sole rights to the iPad's packaging design. Samsung has done THEIR part to distinguish their tablet from the iPad, now it's all up to the consumer to decide which tablet to buy, and Apple is just unhappy about that. They want the iPad to be the only choice.

<snip>

<snip>

And I still just don't understand how this case hasn't been thrown out the window. The Galaxy Tab has a pretty obvious "SAMSUNG" logo both on the product and on the retail packaging.

I was only talking about Coke not about the slates.

I'm against Apple in this case purely because it'll hurt competition however I don't think that they're necessarily wrong here. I believe Samsung has copied both the iPad and its packaging.

Prior to the iPad there were plenty of tablets, but none that had the simplistic and clean design that the iPad does (correct me if I'm wrong). There are big similarities between the iPad and the Tab, for example, the width of the borders on the Tab are almost identical to those on the iPad, and it has the same metal border that the iPad has as well.

You might say that's only two things but that's really all that makes up the iPad. But many previous slates weren't like this. Samsung could've at least differentiated it a little bit, perhaps use a black border instead? Maybe make the bevel a bit less.

They've also copied Apple's simple yet clean and elegant packaging. And I'm with Apple on that one.
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post #193 of 258
Samsung has done a great job, but Apple STARTS trends. Gotta love their designs.
post #194 of 258
Kathleen Sullivan is just a stupid woman and has nothing to do with the issue
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post #195 of 258
Quote:
Originally Posted by steelbom View Post
Prior to the iPad there were plenty of tablets, but none that had the simplistic and clean design that the iPad does (correct me if I'm wrong). There are big similarities between the iPad and the Tab, for example, the width of the borders on the Tab are almost identical to those on the iPad, and it has the same metal border that the iPad has as well.
I believe there were, but the "simple design" of those days was a bit thicker due to the tech available then. There were some that were pretty much a rounded rectangle with a screen covering the entire front, but like I said they were thicker and they used a pen (not sure what theyre called...). The iPad "design" was an obvious next step as tech allowed.

The thing about the iPad is its simplicity, which makes it non-distinctive. If they made it have a distinctive design, THEN I would agree that it should be trademarkable. Its like trying to trademark the shape of a tire in its simplest form... the design follows the function, not the other way around (we can use a drag radial, as that is a much more simple design and it can basically ONLY be one certain design because of its function).
    
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post #196 of 258
Quote:
Originally Posted by steelbom View Post
I was only talking about Coke not about the slates.

I'm against Apple in this case purely because it'll hurt competition however I don't think that they're necessarily wrong here. I believe Samsung has copied both the iPad and its packaging.

Prior to the iPad there were plenty of tablets, but none that had the simplistic and clean design that the iPad does (correct me if I'm wrong). There are big similarities between the iPad and the Tab, for example, the width of the borders on the Tab are almost identical to those on the iPad, and it has the same metal border that the iPad has as well.

You might say that's only two things but that's really all that makes up the iPad. But many previous slates weren't like this. Samsung could've at least differentiated it a little bit, perhaps use a black border instead? Maybe make the bevel a bit less.

They've also copied Apple's simple yet clean and elegant packaging. And I'm with Apple on that one.
Bezels are not as easy to make thinner as it may sound. Packaging: I disagree with you there. There are only so many ways to make "a box." Samsung isn't going to make some oddly shaped box for something as simple as a thin squared tablet. The iPad box is white, the Galaxy box is black, though there are different variants since different providers sell it and in different countries as well. I guess I could side with you there if there is a white one with very similar images and text design.
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post #197 of 258
Quote:
Originally Posted by HappycoreDJ View Post
Cool story bro.
Your intelectual prowess is showing. Seriously though, this is a response? How old are you?
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post #198 of 258
Of course they look similar. A tablet is just a screen, the judge is an idiot.

That said it would make more sense to make a tablet with a matte screen and bezel. The fact that they don't suggests that tablets are little more than shiny toys for people to play games on, and even more so to make a fashion statement (not referring to the business laptop tablets that have been around forever, which are coincidentally typically matte.) It's cool that apple puts an ips screen in their but they totally ruin with the glossy crap! It's the same thing with the iMac.

Personally, I don't care who wins this one. I'd rather have something that I not only can get actual work done on, but that plays more complicated games than angry birds on and doesn't have this craptastic glarey screen. It's this crazy old fashioned thing called a laptop.

Thanks for listening to my rant.
post #199 of 258
Thread Starter 
you don't know that utilitarian has a specific legal meaning. I'm through with you, youre on ignore.

It's not a logo. Its the physical package.

Quote:
Originally Posted by Stealth Pyros View Post
That's a trademarked logo. No one is taking Apple's logo. COMPLETELY different scenario. This is the physical appearance of a product. Coca-Cola can't sue nor do anything against Pepsi for having the same design on their plastic bottles. That would be monopolistic just like Apple's suits; they're just trying to eliminate competition.



From that very page about Design Patents:




Utilitarian - designed to be useful, practical, etc.
Ornamental - designed to be decorative.

The iPad's physical design is exactly both of those. That was a pretty hard flop of an article to use.
post #200 of 258
why don't you key us in on what you know since you know so much?
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