The ultimate question in design patent infringement is whether the effect of the whole design is substantially the
same. In L.A. Gear, 988 F.2d at 1124, 1125, the court found that since the major design elements were similarly
placed on the infringing shoes, the same distinctive overall look had been created. For this reason, the court
determined that the product was confusingly similar to the patented design to an ordinary observer.