I'm sorry, they were "shown" a phone or a video of someone using a phone. Phones, by design are small and meant to be held in your hand. Did these crash test dummies actually get to hold these phones and try to use them? If not, this is not evidence of anything other than theatrics.
this is really a pitiful strategy on apple's part: claiming that their customers are so vapid that they don't even notice the label on the box or the rather obvious differences in the product design. the very most that a reasonable person can say is that before apple focused so much attention on design and cosmetic appearance (including labeling and packaging), all the non-apple products looked pretty sucky. now that vendors are making some effort to look good, all reasonably well-presented products look more similar. the unboxing experience for my recent (samsung) ultrabook was pretty pleasant: thoughtful and attractive. I'm sure apple would construe that as IP theft too.