Damages caluculation (partial design)
(Conclusion) Infringer’s design is similar to the registered design.(Design right owner won.)
Though the registered design and the infringer’s eye mask have many common elements, these elements were shown in publicly known designs.
Further, the different point between the registered design and the infringer’s eye mask, “in the registered design, roughly spherical shapes exist also at the distal end of the string beads, and the beads of the distal end portions are passed through the string”, was shown in publicly known designs.
Therefore, as this part strongly attracts user’s attention, this part is included in the main part of the registered design.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>