A court has heard how Samsung's consumers mistook its Galaxy Tab tablet computer for the iPad. A Samsung sponsored report into an advertising campaign said that more than half of consumers who saw it thought it was for Apple. Only 16 percent thought it was for Samsung. More than 11 percent of consumers were aware and can link the Galaxy Tab back to Samsung while 65 percent of consumers are aware and can link the iPad back to Apple, the report said.

Apple is claiming that that the advertising report is proof that users could not tell the two products appart. Of course it does not say that at all. It says that the advertisement was too close to something Jobs Mob might have done. It is also saying that at the time the advert was released, everyone thought that a tablet was only made by Apple. Besides, anyone who wants to waste $600 for a keyboardless notebook is not going to be bright enough to identify the brand of shiny toy they are looking at unless they are told.

The Tame Apple press had been trying to tell the world for about a year that the only tablets around were from Jobs' Mob. The people who conducted the study, reported back that recognition of the Galaxy was growing which was not bad considering that it had no market traction. It suggested offering more distinct and distinguishable Galaxy products.

The trial, which continues Friday, has so far only shown Apple's side of the story. It is getting a lot of coverage from the Tame Apple press in the US. But some of it is clearly rubbish. For example Hal Poret, a researcher at ORC International said that in just a few years after the release of the iPhone and the iPad, consumers had already come to identify the general shape of smartphones and tablets with Apple's brand.

If this was the case then no one would be allowed to use rounded rectangles or touch-screens because people identified them with Apple. Legally it would mean that it does not matter who comes up with an idea, it is just who is the better marketer. If more people identify a design with one manufacture then it becomes "theirs" which is just silly.