Only if you think the entire design space has been explored. Sure, there's only so many ways you can package the same commodity components, but I don't think it's impossible to design a tablet that's distinguishable from an iPad from more than a few feet away (or in advertising). Compare an HP TouchPad or Nook Color to the Galaxy Tab models.
I'm sure there's plenty of people who have referred to OSX as "Windows." Might not be the case so much now that Macs are becoming more popular, but I think my point still stands: calling for either tablet to be banned is just as absurd as calling for either OS to be banned.
Your example was the subject of a famous lawsuit as well, so whatever your feelings about the issues, Apple has acted consistently over the years in going after those who they see as copying their products:
And this famous lawsuit was a famous mistake by Apple. They lost and they generated an enormous amount of ill will at a time when Apple couldn't afford that. Looking back, it is amazing to realize that people felt sympathetic to Microsoft as a victim of Apple's anti-competitive tactics.
No, not at all. Because everyone who sees an eBook reader usually thinks it's a Kindle, despite the fact a Sony, a Kobo, and the original Nook look absolutely nothing like a Kindle. (The Nook Touch has a similar color casing, but has no keyboard. Plus, there is no white model.)
Are you seriously suggesting everyone else in the market should be banned from making tablets because Apple was the first one to make one which is publically recognized?
You may not have said so explicitly, but it is hanging out there, on the broad side of your argument.
People have thought my really chunky viewsonic g-tablet was an ipad: http://www.viewsonic.com/gtablet/ and it is no where close.