Huh? Patents have nothing to do with it, unless you were granted a license to use it then it is copyright infringement by definition. Whether they sue you over it is a different matter.
> design patents do not protect pictures, images, graphic designs, patterns or any other 2-dimensional visual imagery in the abstract. A patented design must be tied to an article of manufacture. In fact, the patent examination manual known as the MPEP requires that each design patent application specify the article of manufacture in the title and claim.