The community design is an "and", not an "or". The Galaxy Tab model which had issues with this in Germany, if you look at it, has all, not just one, of those characteristics. The "Apple thinks it owns the rectangle" meme is nice, but untrue.

Nilay Patel, in the Verge article linked by Android Community:

Now, some of these are a little ridiculous when taken individually — is Apple going to sue every digital photo frame maker that puts equal size black borders around the screen as well? — but in the end, the main question for the court will be whether or not Samsung has used all of these elements in a way that's likely to confuse consumers about what they're buying.

(Edit: is this wrong? If not, why downvote?)