OurWorkbench, I cross-posted with you earlier. Thank you for that link!
"The intrinsic test focuses on whether the ordinary reasonable person would find “the total concept and feel of the works” to be substantially similar."
There is no doubt in my mind that the ordinary reasonable person would not only find the total concept and feel of the works to be substantially similar, but could very likely confuse one for the other, they are so alike.
quiltsfor, I know it is no real concern of mine, but it made quite an impression on me, and has been helpful for me to be able to discuss the issue here.