Novelty (related to prior arts)
(Conclusion) Defendant’s design is not Similar to the registered design. (Design right owner lost.)
At the end of the mouthpiece portion of the applied design, the circular hole is formed in the center, combined with that the mouthpiece cover portion is transparent. As a result, this portion attracts the user’s attention and gives a strong impressiont.
⇒ The description that a part of a design is “transparent” affects aesthetics.
<Ref.> Obligation to indicate “transparent” (Design ACT Article 6-7)
“Where the applicant submits the drawing depicting the design under paragraph (1) or the photograph or model representing the design under paragraph (2), if the whole or part of the article to the design is transparent, the applicant shall state thereof in the application.”
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>