“One application per design” (Design Act Article 7)
(Conclusion) Admitted as “One application per design” (Design right owner won.)
In order to comply with the requirements of Design Act Article 7 (“One application per design”), the design must be one product in one form.
“Frozen dessert with Cap” is considered to be composed mainly of “Frozen dessert” and accompanied by “Cap” from its name.
In every stage of manufacture, distribution, and use, the “Frozen dessert” is an integral condition that is filled into “Cap” and cooled or consolidated.
It is not easy to separate the “Frozen dessert” from the “Cap” by keeping the shape.
Moreover, “Frozen dessert” is not traded normally independently of “Cap”.
Considering these overall considerations, “Frozen dessert with Cap” is, in social common sense, considered to be an product having one particular application and function, and the “Frozen dessert” does not have an application and function independently from the part of “Cap.”
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>