Under United States law, a distinctive package design can be legally protected against copying. Lorex shampoo, a leading brand, is packaged in a triangular-shaped bottle with a gold label. A major pharmacy chain has introduced a similar, less expensive shampoo in similarly shaped bottles with plain black-and-white labels carrying the chain's name. Though the triangular shape is distinctive, the manufacturer of Lorex has not legally challenged its use for the chain's shampoo.
Which of the following, if true, provides the strongest reason for the manufacturer of Lorex not to challenge the chain's use of the triangular package design?