Is this a patent infringement?

I didn't see that the infringing product you said was stupid, but whether it constitutes infringement is based on the product pictures when you apply for a patent, and is evaluated by the cognitive level of ordinary people. If ordinary people will mistake your infringing product for your patented design product under normal circumstances, it should belong to patent infringement.

I think it is too arbitrary for the court to decide that infringing products do not constitute infringement just because they are different from your patented products. Because even if the first product doesn't have the word "Chaoyou" at the bottom, its shape, color and size are no different or not much different from your designed product, which is easy to cause consumers to mistake it for buying it by mistake. There is a gap in the second type, and there is no word "DPRK friend", which needs specific analysis. It is indeed far from your patented product, and it is impossible for ordinary people to admit their mistakes, so it does not constitute infringement.

In fact, whether the design is infringing depends entirely on the judge's personal judgment. Female judges are more observant than male judges, and the trial results may be different. Ha ha.