
Right, that’s exactly the problem I have with most people who call themselves libertarian. In a nutshell, they truly believe that we all should get to do whatever we want, as long as it doesn’t affect others. Except, everything we do affects other people. Some of the ways are profound, and some are trivial. The libertarian-type people are so selfish, or solipsistic, they think that only their own judgement applies whether the effect infringes freedom it not.
We see that with vaccines: The government shouldn’t mandate what they put in their bodies. That’s infringes freedom. But they’re more than happy to spread virus into other people’s bodies, and if immuno-compromised people think that it’s hurting them, too bad. Or the libertarian types think that they should be allowed to drive the biggest brodozer available, because it doesn’t affect anybody else, and the freedom of other people who get hit and crushed under the wheels, the other drivers blinded by eye-level headlights, or the taxpayers who have to subsidize more free parking space and street maintenance, doesn’t matter.
It’s always the same pattern: Anything that stops me from doing what I want is an unreasonable infringement of freedom, and any effects I have on other people are just the reality of living in society and they should suck it up.
As others have said, it’s important to distinguish different types of intellectual property laws. A patent is protection for a process or mechanism, which doesn’t apply to the shape of the bar. I doubt that there would have been a patent, because mold-making is an ancient art, and pretty straightforward. It wouldn’t be an innovation to make an oval mold.
A copyright is protection for a tangible recording of an expressive work; writing, music, film, et cetera. It doesn’t apply to goods. It would apply to a designer’s drawing of the shape of the bar, but not the shape, nor the bar itself.
What might apply is a trademark, which is protection for the use of some distinguishing feature to identify a product or brand in the marketplace. Trademarks are supposedly about preventing consumer confusion about whom they are buying from. They arise from customary use, meaning that a product or service has to be sold with that mark for them to exist. Courts have recognized all sorts of things as trademarks: in addition to logos and names, also color schemes, shapes, even scents.
Thing is, a trademark doesn’t have to be registered with the USPTO to offer protection. Registration just means that the Office has accepted it as a trademark, so that use of it by others is presumptively an infringement. Without registering it, an entity would have to sue to get a court to issue a finding of infringement.
So hypothetically, the shape of a Dove beauty bar could be a trademark, even if it’s not currently registered with the USPTO. However, the prospects aren’t that great, IMO, because oval is a pretty common shape, and Dove distinguishes itself with the prominent bird-shaped logo more than the shape of the bar.