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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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speaking of which | 188 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Confusion? haha... using Best Buy as an example? Asinine at BEST! ;-P
Authored by: Anonymous on Sunday, August 12 2012 @ 09:16 PM EDT
But maybe that's why they employ Geniuses to make sure their
iZombie Fans get the right phone. Why? ...so they don't get
confused even while buying Apple products in their own Apple
Stores? ...do you think??? lol...

That's why their Boy Genius Commercials have been such a catastrophe. They're
basically saying that their customers are
so stupid and ignorant as to get duped into buying Samsung
devices anywhere, but in an Apple store. If they go to Best
Buy and a Geek screws up, then that's still Samsung's fault
for having their product on sale in the same stores. Even
though there's not just one other brand there to choose from?
Oh... how about dozens! ...and some of those obviously look
more like Apple's devices than Samsung's do!

On top of that, how in the World can an Apple customer mistake
the GIANT APPLE SIGNS and LOGO.... over it's EXCLUSIVE Display
table for one that has many Android Brands besides Samsung's?

On top of that, only Apple's devices are displayed there. So
they only need ask where iPhones and iPads are. If they're too
blind to either READ or make out the visual Apple logo, at
whichever display table they're standing at... again how can
that be Samsung's fault? Put this all together with the fact;
that if the BEST BUY GEEK SQUAD is going according to store
and Apple's own policies (as he removes the iPhone Printed box
from the locked case they're stored in), they are continually
attempting to sell them Apple Care and other such accessories.
That also just so happen to have Apple, iPhone or iPad printed
on them as well.

Next if any stupid fool can make it out the door without using
some method of payment (with this all printed on a receipt)
that requires that they confirm, that they indeed know exactly
what they're buying. So then in no uncertain terms as the Geek
continues to say the brand and model name you're buying,
unless you're brain dead or drugged, you indeed know exactly
what it is you're buying. If not, then the Geek and Best Buy
become responsible for selling you the wrong item, you came in
the store knowing you wanted an iPhone or iPad in the first
place. NOT SAMSUNG!

This whole ridiculous Apple vs Samsung Trade Dress and Patent
War is becoming ever more like SCO vs IBM or Oracle vs Google.
All three of these plaintiffs had assumed by some wild stretch
of their imaginations, that they created the Original
EVERYTHING.

SCO "We created Unix.... but we just don't have the licenses,
copyrights or patents at the moment. But wait... we'll get
them in our next worldly incarnation".

Oracle... "We OWN the Copyrights and Patents, now that we
bought them fair and square. Even though we don't understand a
thing about them or what they're for or... even if they're
VALID".

Apple.... "We've bought, stolen or copied all our products,
from those that pioneered the industries before us and so that
means everybody else must of iLogically Copied US"! *_^

....and now they've created "Confusion in the Market Place by
selling the same kinds of devices as we do. By stealing all
our Un-Original Trade Dress Designs and Trademarks, that we
got from prior art. So now as the Richest MOST UNDESERVING
COMPANY ON THE PLANET! [Yes our doctors say we're suffering
from Extreme MEGALOMANIA (1. A psychopathological condition
characterized by delusional fantasies of wealth, power, or
omnipotence.... or BUBBLE BRAINED SHARE HOLDER INFLUENCED
MARKET CAPS)]

So eventually after winning against Samsung, we intend to sue
EVERYBODY! ....INCLUDING GOD and ALL THOSE THAT CAME OUT WITH
SIMILAR PRODUCTS BEFORE US!!!

[ Reply to This | Parent | # ]

speaking of which
Authored by: Anonymous on Tuesday, August 14 2012 @ 09:32 AM EDT
I've seen a few of the Samsung tablets in stores locally, and they *didn't* have
'Samsung' written across the front.

And, IIRC, from a design patent perspective (and I'm pretty sure a trade dress
perspective), logos are considered to be non-distinguishing features. That is,
the logos essentially aren't there for purposes of determining
similarity/distinctness.

[ Reply to This | Parent | # ]

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