Similarity of design (Infringement case)
(Conclusion) Defendant’s design 2-1 and 2-2 are Similar to the registered design. (Design right owner won.) / Defendant’s design 2-3 is NOT Similar to the registered design. (Design right owner lost.)
(1) Defendant’s Angle adjuster 2-1 is similar.
(2) Defendant’s Angle adjuster 2-2 is similar. (The excised colored red portion is outside the scope of the partial design in the resistered design.)
(3) Defendant’s Angle adjuster 2-3 is Not similar. (The excised colored red portion is within the scope of the partial design in the resistered design. )
*This judgement incudes another issue related to Converted Application from the patent application to the design application.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.ip.courts.go.jp/app/files/hanrei_en/777/001777.pdf