This whole lawsuit culture between all of these tech companies is just really aggravating. The principle of being essentially forced to sue a company in order to keep your patents in place is mind-numbing and only really beneficial to the legal community. It sure seems like that as long as there is innovation there will be lawyers and litigation and bullshit, oh my.
Apple and Samsung have had a nicely profiled exchange in the court system over the iPhone and the Galaxy line of phones. This Engadget article shows the similarities of the devices, but regardless I don't think that the similarities alone cause any confusion. Of course, I'm not sure what the normal consumer would think if they were presented with either phone what decision they would make. I will say that there are several logical reasons why the layman would be able to make the proper choice.
Apple has done a great job with marketing the iPhone.
iPhone advertisements are seemingly everywhere and have are reasonably ubiquitous at this point. Even at the release the iPhone was advertised well, unlike the other smartphones that were currently on the market such as Blackberry and Windows Mobile. (Android hadn't even come out with the 1.0 SDK yet, more or less a device, although progress was being made and it would be released shortly after the release of the first-generation iPhone.) As such, most of the interested parties had inquired about the iPhone directly with their provider and been informed that they either have AT&T or the phone was not available (remember we're talking about gen-one.)
The general population would perceive that only the Apple Store would feature the iPhone.
The popularity of the Apple retail spaces serves as a good demonstration of the general public knowing exactly where to go for Apple products. Most people are actually pleasantly surprised that they can find the iPhone at AT&T and Verizon stores without having to deal with the lines and crowds of the Apple Store.
Android, Blackberry, and Windows Phone 7 all have a different feel.
Without making a comparison of functionality or ease-of-use (in a nutshell you can't really go wrong with either), the difference is noticeable. Since you can't exactly look for the "iPod" button on a device that does not have iOS, it becomes pretty apparent that what you are using is reasonably different. The difference is the least noticeable on Android, which could be considered the most similar to iOS. The others are much different in the way the user interacts with the device and the operating system.
I will say though, I do have one distinctive idea why that my argument is irrelevant.
Phone salesmen come in two forms: sleazy bastards and morons that read scripts written by sleazy bastards.
All due respect. Sort of.
As someone who likes to help people with their problems, I really hate it when I can see someone fail miserably at it. I can remember the last time that I was at the Verizon store, I overheard the saleswoman telling this man and her daughter that they don't have the option to use 3G because the modem was broken and was completely refuting the ability for them to be able to turn that off in the settings. When she stepped away for a second, there was no way for me to resist the urge to walk up to them and tell them the simple switch that they have to flip in order to turn the 3G back on. They thanked me and I was on my way.
This is the unfortunate truth in a lot of stores. People are trained to get a little commission and learn what to say to get it. They don't take the time to truly understand the products that they sell. When people ask if they can get an iPhone, they can only tell them that they have something "as good as the iPhone" and "you don't really want an iPhone anyway." The competitors of the iPhone, when in the hands of the carriers (I can't believe that I haven't talked about the carriers yet in this article) are definitely marketed as the same device.
I'm not gonna say that I'm an expert about this. All I know is that I want the best phone that I can possibly buy, and I've felt that way since I bought my Blackberry Pearl. What does make me sad is the fact that bullshit about who copied who is covering up who's better than who, which isn't beneficial to anyone.