<Tokyo District Court> 2013 (Wa) 12233(January 23, 2014) “Package for Disc Packaging” Case

Similarity of design (Infringement case)

(Conclusion) Defendant’s design is not Similar to the registered design. (Design right owner lost.)

Because all parts other than the number of the bank-shaped support were publicly known, this number is the essential part of the registered design.
The resistered design has 4 bank-shaped support.
The Defendant’s Package has 6 bank-shaped support.
⇒ non-infringement

<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.courts.go.jp/ip/eng/assets/ip/eng/chizai_en/chizai_en-pdf-1170.pdf

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