Service
Design Patent does not cover the Utility
It generally depends on how much
of what functions/structure would be claimed in the Utility that was shown in
the design patent and how long it has been. Generally, the Design patent
does not disclose any Utility so it would not matter.
Design Patents protect
the particular look and obvious artistic
tweaks to it, however, when you start talking about abstract structural
limitations like "oversized" then that is where the Utility begins
giving you the real scope you want. For your kind of product invention,
the Design and Utility complement each other in protecting you in court.
Each are opposite in how they protect, and the Design is much easier to win than
a Utility, but the real "monopoly" value is in the Utility.