But would you go into a shop wanting an iPhone and accidentally buy a Samsung? And then not realise and not take it back? Bear in mind that the packaging has Samsung in big letters, and no mention of Apple or iPhone. I find it hard to believe that anyone wanting an iPhone wouldn't know it was made by Apple.
And again, that image is the one supplied by Apple. There are plenty of references around to previous designs not quite so cherry-picked and of prototypes much closer to the iPhone look. It's clear that Samsung filtered their designs based on the iPhone's success, but the crux of the case was whether there was sufficient prior art to invalidate Apple's design patent for that look.
I went through the actual patents earlier today. Interestingly, although the button and speaker grill are marked on the front panel patent they are in dotted lines with a note 'not part of the claim'. This does give credence to Samsung's argument that Apple have been allowed to patent a rectangle with rounded corners in black with a silver trim.
And if the button is included (as it appears to be in a later patent) how is that relevant when the accused Samsung devices have either three or four buttons along the bottom, not one?