Sarah Burstein on Nostr: Floatsup argues that it is likely to succeed on the merits of its patents claim ...

Floatsup argues that it is likely to succeed on the merits of its patents claim because "an ordinary observer would be deceived into thinking that the Infringing Products were genuine Floatsup Products," citing design patent case law.

(To be clear, this isn't an accurate statement of the design patent test, either. Design patent infringement isn't about consumer confusion or genuineness. See the discussion starting on page 15 here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909)