He mentions the New York Times suing over the design of a newspaper, but if someone else used the same fonts, sizes, layouts, and more to exploit customer confusion and make a newspaper that looked like the New York Times, the New York Times probably would sue them.
Besides, Samsung's tablets are a very obvious case of copying. It isn't just the shape. Everything is a clone of Apple's designs--the chargers are the same, the cables are the same, the packaging is the same, the home screen icons look the same (Samsung even stole Apple icon artwork and used it in their store)--it's completely obvious that the goal was to make a knock-off of Apple's design. Anyone with common sense can see that just by comparing the two devices.
Bad, cheap knock-offs can damage the original brand. I don't blame Apple for going after Samsung at all.