Similarity of “article (goods)” (Infringement case)
(Conclusion) Defendant’s “article” is Similar to the registered design. (Design right owner won.)
Whether articles are similar each other or not should be judged based on the simirality of the “purposes” and “functions”.
Even if the “function” is different, as lon as the “purpose” is the same, it is often judged that the articles are similar each other.
In addition to its original purpuse and function of applying grates, foundations, etc. to the skin of the face, etc., Puff is recognized as having an purpuse and function as a facial cleanser, and the object product (note: brush) and its purpuse and function are similar to the ones of brush.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>