(Conclusion) Defendant’s design is not Similar to the registered design.
(Design right owner lost.)
The plaintiff asserts that the heart-shaped three-dimensional shape of the case was an essential feature of the registered design because there were no false eyelashe cases as of the filing date of the registered design that had a heart shape like the case of the registered design.
However, given the fact that a clear case with a symmetrical heart shape is recognized as a Prior design, the point claimed by the plaintiff is not an essential feature of the resistered design.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>