Is it possible to use a similar packaging design?

I saw that one company was fined for using a design for low-alcohol beverage cans that was very similar to the design of another manufacturer. If I have a similar situation and I want to produce drinks with a similar design, but without direct copying, will this be considered a violation of the law on unfair competition? How can one determine what degree of packaging similarity is already considered illegal, and is it mandatory to obtain permission for the design from the owner of the original idea?