Similarity of design (Infringement case)
(Conclusion) Defendant’s design is Similar to the registered design. (Design right owner won.)
Even if a registered design includes public designs in part of it, it is assumed that it will coexist with other featuers and constitute a different design.
Therefore, the inclusion of well known or publicly known designs does not necessarily mean that the part of the registered design should be immediately excluded from the essential feature.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>