Similarity of design (Infringement case)
(Conclusion) Defendant’s design is Similar to the registered design. (Design right owner won.)
Carpet tile is an interior product that is laid on the floor for interior decoration. For this reason, in the course of transactions, differences in patterns, textures, colors, etc., are emphasized in catalogs, etc., by showing small pieces of actual products (samples), photographs, images, etc., so that customers can compare and examine many products of various designs.onsumers pay attention to the atmosphere of the room when the product is actually used. It can be said that consumers place importance on not only the overall design of each product that distinguishes it from other products, but also the impression they receive when multiple sheets are combined and spread out on the floor. The consumer will recognize that there is no difference in aesthetics in the actual state of use.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>