Capstone Companies Inc (CAPC)

[msturgeo]

Accordingly - one design cannot copy another on the outside - so if it looks alike to the ordinary observer - there may be infringement. Who is to say that one doesn't infringe on the other - but more so - one would only pursue such a claim if it was financially viable - which it seems like products made in similiar form - in such ways arguable may be a waste of time or dollars. IMHO.

To infringe a design patent, the infringing container and the container shape shown in the design patent must look alike to the eye of the ordinary observer. It makes no difference what is inside of the container. Under trademark law, the infringing container must be such as to cause confusion, mistake, or deception among the consuming public. This determination will, of necessity, take into account what was actually sold within each container.