nostr:npub14wm95mv2m7r53w8qjtzvnsupdpxgt59zuzza5gj9p6levkjd48ts9fnnx9 That's a pretty good summary of my article!

And as for this case, the complaint doesn't allege patent infringement but if they claimed the whole design of the flag then you'd be right: Not close enough to infringe.

As to copyright, the complaint avers that the plaintiff has "copyrighted images and photographs" but doesn't actually allege copyright infringement, perhaps because there is also no mention of any copyright registration or rejected registration application (prereqs to suit)