Similarity of design (Infringement case)
(Conclusion) Defendant’s design is not Similar to the registered design. (Design right owner lost.)
It is emphasized in the [Explanation of Design] of the Publication of Registered Design that the door and both ends of the capsule are transparent and that it is possible to look into the bed inside.
The registered design gives a stronger impression to the viewer in that the shape of the components outside the article and the components inside the article together form an aesthetic feeling of the entire design, as well as give a brighter impression with a feeling of openness in comparison with the same kind of articles having no or few transparent parts.
Defendant’s high-pressure oxygen capsule is opaque at both ends of the capsule, thus it was determined to be non-infringement.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>