Heh, I did read the article (which personally speaking, I think misunderstands the law)! My only point was from a factual perspective, it would be interesting

Heh, I did read the article (which personally speaking, I think misunderstands the law)! My only point was from a factual perspective, it would be interesting to compare the two designs, rather than making assertions that Valenty was on 'very safe grounds'. That may of course very well be the case, however in the absence of the side-by-side comparison, I can't say either way. In terms of similarity, there will obviously be a sliding scale where at some point, the level of similarity will be sufficient to constitute an infringement (certainly this is the case under EU copyright/design right law, and I believe would be the case under the test you refer to). If infringement could take place only where there was identity, this would obviously leave it wide open for third parties to add capricious additions to get around the test.