(Conclusion) Defendant’s designs are not Similar to the registered design.
(Design right owner lost.)
The essential feature of the registered design is the shape of the front wall, which is a smooth curved surface with a downward constriction near the bottom, and a configuration in which this shape is combined with a large wheel and a large treadboard.
<The resistered design> Smart and stylish design with abstract water birds imaged by only smooth curved frontal walls, handles, treadboards, and wheels with uneven surfaces on both sides of the ceiling and the body of the lid, and with a smooth curved surface with no unevenness in the vicinity of the bottom
<Defendant’s Garbage box> The ceiling surface of the front wall and the lid are composed of a plurality of surfaces with different inclinations, each of which can be seen by a crest folding line near the center, and the peripheral edge of the flange is formed into a downwardly folded angle, which is a geometric and complicated design using many large and small surfaces.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>