The article talks about both trade dress and design patents. That said a court's decision about design patents can involve whether a consumer would be confused.

The article talks about both trade dress and design patents. That said a court's decision about design patents can involve whether a consumer would be confused. There's a short article that talks about the legal rules for design patent infringement at http://www.designpatentschool.com/assets/Oake_SEPT11%20V2.pdf http://www.designpatentschool.com/assets/Oake_SEPT11%20V2.pd....