Similarity of design (Infringement case)
(Conclusion) Defendant’s design is not Similar to the registered design. (Design right owner lost.)
Regardless of the presence or lack of Push Bars, the resistered design and Defendant’s Wheeled plat are not similar, because, when seen in its entirety, there is a different aesthetic impression from these two designs.
(+Indirect infringement was also denied.)
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>