Once a patent is applied for it gives the idea the same protection that a granted patent does. It’s just to allow time for the patent office to check that the application is valid.
If the shop were to read the patent (it should be available on the patent web site) they may find there is a way to produce a similar item without infringing the patent. For example if the patent says the elastic is put through a round hole and they make a square one then they would be OK.
It is very unusual to find ways around someone’s patent as nowadays they are usually well written. At the end of the day the patent is there to protect the work that someone has put into an idea, often at great cost. This allows them time to make a profit before everyone else can copy the idea. Were it not for patents there would be very little original invention as it would just not be cost effective.