Similarity of design (Infringement case)
(Conclusion) Defendant’s design is similar to the registered design. (Design right owner won.)
<Difference Point 1 (color)> The registered designs does not limit the color.
<Difference point 2 (number of disc-shaped members)> The number of rows in the vertical and horizontal are the same. Only the difference is the number in the interior of the column, and difference of the number is small.
<Difference point 3 (the number of grooves on the bottom and the presence of grooves in the area where the tread is not stepped on)> It is a typical pattern, which is not so different as to attract the attention of the viewer.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>