Similarity of design (Infringement case)
(Conclusion) Defendant’s OLD design is Similar to the registered design. However, Defendant’s NEW design is NOT Similar to the registered design.
(Design right owner win regarding Defendant’s old design.)
In the transaction of a measurement-pointindication plate, the consumer considers not only the state of the display at the time of installation but also the method of reading the data of the IC tag, etc.
Usually, the consumer mainly observes the plate from above or diagonally upward, but also makes a general observation including the state of the IC tag housing and the state of the incision related to the reading of electromagnetic waves.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>