I would think most people would try them out. I have played with both in stores … To actually get all the way home with a bag with a box in it that surely says Samsung – it’s hard to believe that 20% of returns did that in Best Buy. They were either liars or not the sharpest tools in the shed. I worked for Radio Shack years ago – and people used to buy certain items and return them in a short period of time. Radar detectors was a bad one for that. People would buy one, got on a trip, and then come back and return it for a refund. “I thought it was a microwave oven”. Yah … we get that a lot … the do deal with microwave frequencies. “I don’t need it” (any more – because my trip is over.) Yah, we get that a lot, people renting radar detectors for FREE.

http://www.geek.com/articles/gadgets/judge-holds-up-ipad-2-and-galaxy-tab-in-court-samsung-lawyers-cant-tell-the-difference-20111014/

I was talking more of smartphones/tablets not actual mac’s though.
another MDN article I read recently was saying that a best buy survey, a high % of the returns were cause the people thought it was an iPad…

I can’t find the article, it was a link to another site but it was like 20% or something. (It was just a few days ago too..)

People going to a store looking to buy a “Mac” and then buying a PC, yeah I agree that isn’t common at all. But going to buy an iPhone/iPad.. and being steered to another device, yeah I know that happens.

Note she did NOT say that she tried to operate the Samsung phone as an iPhone. It is very likely that she picked up the Samsung phone when intending to pick up the iPhone (to demonstrate something or show something on the iPhone) and as soon as she tried to operate it realized the difference. However, that quick bit of confusion (because the designs are so similar) is enough.

While I firmly believe in the old adage that 99.9% of lawyers give the rest a bad name, I doubt any lawyer is going to tell a witness to make up a story about an event that did not happen. (Or did you not understand the nuance that she did not pick up the Samsung phone in court but rather during a pre-trial evaluation?)

With an array of electronics out in front of you if the devices are similar enough it is quite possible to pick up the wrong device. A quick glance while you’re listening to the question and trying to answer can very, very easily end up with picking up the Samsung phone rather than an iPhone. That is THE whole point of this lawsuit. Samsung intentionally made them so similar that she (and lots of other people) can easily confuse them.

How far were those lawyers away in court? How many feet? Because at 10 feet that could happen. But at 1 – 3 feet with good vision … I don’t think that’s gonna happen.

@joe
Remember, Samsung lawyers even got it wrong when the judge held them up side by side. so your argument falls on it’s face.

but then again we are talking about the Samsung Lawyers… and Lawyers in general…

I don’t think in this day and age that the buyers are that clueless. If they are they should bring their kids with them (the moms and pops should.)

I borrowed a iPhone and bought and iPod Touch before ever getting an iPhone. And I still didn’t have an idea until I had them for a bit what the whole Jail Breaking situation was going to bring into the mix. I did want a Samsung Galaxy Tab 10.1 – they weren’t out yet for a long time. Then I didn’t have the funds … and couldn’t really justify having one. Or I would have one right now.

Also, she made a cow that can be confused with a dog. Or was that a dog that was like a cow?

Oh, and the other day, my iPhone rang and I picked up a banana. This makes me an idiot.

I’m here all night

In a store the big Apple or Samsung plus the model name sign is going to clue them in to exactly what they are looking at. Chances are with these Expensive electronics – you are going to have to ask for assistance to get even close to a real live powered device anyway. By then you know damn well what it is. Who makes it. Ok smiley face lady?

So far Samsung seems to be taking this case on the chin. We’ll see if it holds up.

Apple’s lawyers should be able to drive this one into the ground. Apple’s lawyers should be able to convince the jury that of the literally thousands (if not millions) of possible ways to do a smart phone and the icons and the layout Samsung purposely chose to mimic the iPhone so closely that even the foremost expert in the field can get confused about which one is which.

However….
Knowing Apple’s legal team… They’ll blow this obvious point.

”That once the consumer goes through the phone, sees the Samsung name for several seconds, sees the graphic for ‘Droid,’ and by the time they get to that application screen, wouldn’t you agree that the consumer knows they’re not using a Samsung phone?”

It would appear even the Samsung lawyer is getting confused! “Sees the Samsung name for seconds… knows they’re not using a Samsung phone?”