Similarity of design (Infringement case)
(Conclusion) Defendant’s design is not Similar to the registered design. (Design right owner lost.)
Because all parts other than the number of the bank-shaped support were publicly known, this number is the essential part of the registered design.
The resistered design has 4 bank-shaped support.
The Defendant’s Package has 6 bank-shaped support.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>