I'd have some sympathy for Apple if their design was distinctive in itself, but its only real claim to "distinctiveness" is its minimalist lack of any distincti

I'd have some sympathy for Apple if their design was distinctive in itself, but its only real claim to "distinctiveness" is its minimalist lack of any distinctive features. If we allow a lack of design features and utter minimalism to be considered trade dress then we are in for all sorts of trouble because any generic shape or design becomes infringing and this precedent will ripple through everything. Thus I think the whole argument about "Samsung could have made theirs more distinctive" is missing the point. Apple can easily make their tablets more distinctive too, and thus gain the protection of trademarks or trade dress.