Dan Aykroyd’s Crystal Head Vodka sued Elements Spirits for making a similar skull shaped tequila bottle with the KAH Day of the Dead Tequila brand.  The bottle design is a protected trade dress since it serves as an indicator of source of the product in the same way the iconic Coca Cola bottle conveys the product source.

Element Spirits is also fighting with its former President who is launching a competing tequila brand in skull shaped bottles.

Big mess.  Hopefully they are protected with legal agreements.  Judge for yourself.  Are these confusingly Similar?