Among the chaotic and hectic environment at Apple due to the passing of Steve Jobs, people must try to look past their brand loyalty (to Apple) to fully understand that Samsung isn’t copying Apple’s designs.

Does the Galaxy Tab 10 inch tablet intentionally resemble the iPad? Probably. Does the Galaxy Tab create confusion in the market place so that buyers are deceived into thinking the Galaxy Tab is the iPad? No.

Fortunately for Samsung, international law regarding copyright infringement (of design) for products takes into account that the copycat is trying to purposely confuse buyers.

With this, it’s surprising that any judge would side with Apple by banning the sale of Samsung’s tablet. This is tough for me to say as a loyal Apple buyer, but the facts are the facts. Some points Samsung’s lawyers should use to defeat Apple in court is to take the approach that because Apple only sells its products in its own stores (or authorized resellers) it’s nearly impossible for buyers to become confused.

Furthermore, the iconic Apple logo (on the device, box, and store) further creates a very clear understanding that buyers are indeed buying an Apple product, or not.

Thirdly, Apple never had a problem with Samsung selling a 7-inch version of the tablet. Apple only started threatening (and initiating) lawsuits when Samsung stepped into the 10 inch market which indicates that Apple is suing Samsung to teach it a lesson to follow the unwritten rules of the game ― don’t directly compete in niche markets exclusively controlled by one.

Are companies allowed to make products that resemble another? Absolutely. A brief look at the auto industry indicates that nobody has a problem with competitors copying styles, shapes and sizes. Again, Toyota buyers aren’t walking out of a Hyundai showroom having purchased a Sonata having thought it was a Camry. Sadly, this should have been the logic behind a ruling in favor of Samsung in these vindictive lawsuits.

Key parts in the iPad are made by Samsung and it should further resonate with Apple brass to relax with the Apple cult, “purer than thou” mentality. Apple copied its OS from Xerox but sued (and lost) after Microsoft copied the copier. Google’s android copied iOS X but Apple has refrained from suing Google for the probable reason that Apple will lose that lawsuit.

Should Samsung redirect its efforts to produce original engineering and design? You can answer that question but keep in mind that it’s fair for the most part.

By Elliot Saunders

Elliot Saunders is a language professor and former spokesman for Ralph Nader. ― Ed.