Earlier quoted context omitted.
My understanding is that this is a patent dispute, not a trademark dispute. Therefore, the fact that you confuse the two isn't really relevant.
Design patent.
Xuzz was commenting that he confused the tablets, which isn't relevant. It would have been relevant if he said "I really noticed how nice the Samsung looked and how little glare it had due to case design (just like Apple). Those details are subtle but non-obvious."
Here more from wikipedia for anyone interested:
> Trademarks and trade dress are used to protect consumers from confusion as to the source of a manufactured object. To get trademark protection, the trademark owner must show that the mark is not likely to be confused with other trademarks for items in the same general class. The trademarks can last indefinitely as long as they are used in commerce. Design patents are only granted if the design is novel and not obvious for all items,[7] even those of different utility than the patented object. An actual shield of a given shape, for example, can be cited as prior art against a design patent on a computer icon with a shield shape. The validity of design patents is not affected by whether or not the design is commercialized.
I didn't know this stuff until I looked it up in response to your comment, so thanks.
[Edited in response to nitrogen. Thanks.]