Similarity of design (Infringement case)
(Conclusion) Defendant’s designs are not Similar to the registered design.
(Design right owner lost.)
In judging whether designs are similar or dissimilar, it is necessary to observe the design as a whole. In this case, it is necessary to grasp the part of the design that is most likely to attract the attention of traders and consumers as the main part of the design, taking into account the nature, use, and manner of use of the article pertaining to the design, as well as the existence or non-existence of a new creative part not found in known designs, and to observe whether the registered design and the other party’s design share the same compositional style in the main part of the design.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>