So the end result would be the same, no? I buy the wrong brand due to the bottle being the same shape and I get damages. But that's still contingent on Coke "owning" that bottle shape. Whether it happens before the purchase or after it, Coke still owns that shape.

I'd frankly like to avoid the headache of pursuing damages and just have that dealt with between the companies who want to go to the trouble of trademarking something so I can just buy what I want.