Similarity of design (Infringement case)
(Conclusion) Defendant’s design is not Similar to the registered design. (Design right owner lost.)
Even if a registered design contains the same components as those of prior art, it should not immediately be interpreted as not becoming a essential part of the registered design, because that part may attract the attention of users.
Prior arts aim to maintain privacy.
The registered design, contrary to the maintenance of privacy, try to realize a good prospect.
As the registered design and prior arts are different in use and function, these prior arts should not be considered in examining the essential part of the registered design.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>