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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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How can anyone be confused? | 311 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
How can anyone be confused?
Authored by: Anonymous on Monday, August 06 2012 @ 04:07 AM EDT
It is like seeing someone with a device with a hinged screen and keyboard and deciding that it is a Dell laptop Apple macbook rather than another brand.
There fixed it for you.
It is, unfortunately, an effect of the brainwashing paid for by the corporate advertising dollars meaning brand names have entered the language as a generic word for the device.

How many people hoover their carpets with a Dyson hoover?

Hoover do not make machines for Dyson, nor do Dyson make machine for Hoover! It is [P] Correct to say "I vacuum my carpet using a Dyson vacuum cleaner," but how many people do [say that] and how much are Hoover complaining [over brand dilution and confusion]?

For lots of people "iPad" IS the generic name for a tablet computer. Apple's advertising dollars are the cause of any confusion, not the design of the iPad - their only real complaint is that their advertising department have got the general population to equate tablet with iPad, and so when anyone else makes and sells a tablet the population thinks it must be an iPad.

For a while (to my shame) I thought iPlayer == mp3 player and the only mp3 player would be an Apple iPlayer. I wonder how many people had a Phillips or Panasonic or Bush or Alba Walkman?

[ Reply to This | Parent | # ]

How can anyone be confused?
Authored by: Anonymous on Monday, August 06 2012 @ 02:47 PM EDT
Apple claims there have been many returns of Tabs due to the
fact that they are not iPads.

I can think of several scenarios which can be reported this
way, even though the customer was not confused in the
slightest.

The first is a person looking for a tablet that can run iPad
programs, and the salesperson telling them it can. The
second is a salesperson who claims that a Tab "is as good as
an iPad". ( Of course people who believe salespeople are
justm as dumb as people who believe prostitutes when they
say "you're the best I've ever had". ) In neither case is
the customer not aware that a Tab is not an iPad.

[ Reply to This | Parent | # ]

Dear old English jurisprudence
Authored by: Anonymous on Monday, August 06 2012 @ 07:35 PM EDT
This somewhat reminds me of a favorite line from a judgement:
if one puts the two papers side by side I for myself would find that the two papers are so different in every way that only a moron in a hurry would be misled.
Morning Star Cooperative Society v Express Newspapers Limited [1979] FSR 113

Unfortunately, I can't find an online copy of the judgement, however there is a wikipedia page about it.

Yes, both units are rectangular, have rounded corners, a touchscreen, etc. OTOH, one has a white case with a big APPLE on the back while the other has a black case and a big SAMSUNG. The home screens are totally different, etc etc. Kind of like being confused between Coke and 7-Up.

[ Reply to This | Parent | # ]

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