president of the Industrial Designers Society of America has Peter Bressler taken the stand as Apple’s expert witness in the company’s legal crusade against Samsung, and claimed, quite expectedly if we may add, that iPhone and Galaxy phones are “substantially the same”.
Bressler testified about three patents for which Samsung is being sued and said that a dozen of Samsung’s products infringe on them. Asked about the actual likeness of the devices and their distinctiveness on the market, he said that Samsung willingly chose the design that mimicked Apple.
It appears however that Bressler wasn’t so persuasive when cross-examined, as he conceded that mixing up the two brands is unlikely, despite Samsung’s efforts. He added, however, that industrial designers notice small details that make up the image of a device, of which regular users may not be aware.
Bressler also cited Best Buy’s survey, whereby Samsung products were returned because customers thought they were buying iPads. To be fair though, the terms iPhone and iPad have often been mistaken for generic names for phones and tablets, and we have a strong hunch by which camp exactly.
Over the course of his testimony, Brissler dismissed Samsung’s nitpicking over radius of the corners and whatnot. He will take the stand again on Tuesday, while the original Macintosh designer Susan Kare is expected to follow.