“Samsung and Apple are currently in the pre-trial phase of litigation known as Discovery,” David Goldman reports for Edible Apple. “One of Apple’s recent discovery requests was rather interesting. It asked Samsung to pore over its call center records and produce ‘any instances of customer confusion in which Samsung was made aware’ that a user confused an Apple product for a Samsung product or vice versa.”
“Samsung argues that fulfilling Apple’s request would be difficult and time consuming,” Goldman reports. “Apparently it’d be difficult to differentiate all of the instances where a customer called to disparage Apple products.”
Goldman reports, “Samsung writes: ‘For example, it is possible that Samsung customers may have contacted the call centers to comment on how they disliked their previous Apple product, but enjoy using their Samsung product. This would not be responsive to Apple’s requests, because the consumer is not expressing any confusion as to the source of the product he or she was calling about.'”
Read more in the full article here.
MacDailyNews Take: Samdung’s lawyers’ wiseassery will backfire.
Boycott Samsung. We no longer buy Samsung-branded products and advise our millions of readers worldwide to also avoid purchasing Samsung-branded products until they cease stealing Apple’s patented IP.
Apple’s products came first, then Samsung’s:
“it is possible that Samsung customers may have contacted the call centers to comment on how they disliked their previous Apple product, but enjoy using their Samsung product”
So, call Apple and tell them how much you disliked your previous Samsung product.
I’d like to see Samsung produce just ONE legitimate example of such a call – just for the sake of argument.
…that’s what I thought.
Yeah, because people call help desks all the time to rave about their products and how the competition sucks.
——RM
100% right. Whether it’s an Apple or Samsung product, NO ONE calls tech support (help desk) because they are happy and everything is fine.
I WROTE Samsung and told them how much I didn’t like their product.
Samsung didn’t write back. Samsung don’t care.
I haven’t bought another Samsung product. I don’t care.
A couple of months ago a friend was telling me, with some amazement, about his friend’s “iPhone” – with its pinch-to-zoom, swipe to see next photo, reading apps, etc. etc. But when I said something about Apple he said “Oh no, it wasn’t an Apple iPhone. I think it might have been a Samsung.”
I’d also like to see any internal memos that the carriers might have releases on the matter. IE: to all (insert carrier’s name here) employees. Push the Samsung phone and if a customer thinks it’s an iPhone, DO NOT CORRECT THEM!
You would not need a “memo” for that. Those sales people (not Apple Store sales staff) are paid commission. They are motivated to make a sale. If there’s an iPhone shortage (like right now), and customers want an iPhone, are they going to encourage the customer to put their name on a waiting list? Please come back another day, and maybe another sales person can make that iPhone sale…? No, they want to sell something (anything) NOW. The obvious choice is another phone that physically looks just like an iPhone…
What Apple should do it get testimony from sales people at Verizon and AT&T retail stores. So, what did you do when there were no iPhones in stock, and a customer asked for an iPhone?
Apple’s lawyers are clever. I was confused by this request. Why would someone call Samsung’s tech support if they thought they had an iPhone?
But then I realized, they would simply call whatever phone number is shown as “tech support” or “help desk.” While speaking to the support rep, they might refer to their Samsung phone as an “iPhone,” just as digital music players are often called “iPods” even if not an Apple product. And that would support Apple’s case; the customer bought the Samsung product because they think of it as an “iPhone” made by Samsung.
After the little baby foot stamping hissy fits Samsung has perpetrated around the world regarding Apple, it is surprisingly appropriate and encouraging to see Apple pull a tit-for-tat on Samsung, entirely to Apple’s benefit.
Samsung are soooooo screwed. They’re shivering in their urine soaked boots at this point. I love it. Well deserved.