Damages caluculation (partial design)
(Conclusion) The damages were calculated at 28% (0.7×0.4) of the Infringer’s profits.
No dispute for infringement.(Design right owner won.)
The registered partial design (solid line portion) has a significant influence on the aesthetics of the entire nail clipper as it is stands out when placing down or holding it.
Therefore, for calculating damages, the partial design contiributes to 70% of the whole design.
In addition, as it is not often that an infringer’s products are sold with an emphasis on design, the damages estimation should be further overturned (eliminated) 60%.
Consequently, the damages were calculated at 28% (0.7×0.4) of the Infringer’s profits.
*This judgement incudes another issue related to Unfair Competition Law.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>