Legal Question in Intellectual Property in Texas

Yes, if similar product is not patented with patent claims that cover your product. No, not without risk of patent infringement liability if similar product is patented and claims of patent cover your product. If packaging is the essence of the idea, a different package might get around the claims. You need to see a patent attorney and disclose details of your idea and similar product and proposed different packaging to get a reliable answer. Home plant packaging is a super high risk patent area. You might check to see if Highland Supply Corp. (Highland, IL) has a similar product. Their President, Donald Weder has 1357 patents on floral supply products. Good Luck avoiding infringement of his minefield of thousands of patent claims on floral products. If you don't have a patent license from his licensing outfit, be extremely careful and consider getting one! I am a Texas attorney and a patent attorney and know Weder. I can help you on this. Be Warned & Be Careful!