Patent Court Decisions
Title | [Design] Cosmetics Container Case (Patent Court Decision 2018Heo2458) | ||
---|---|---|---|
Date | 2019.09.26 | Hit | 2083 |
Attached File | 11 2018Heo2458 Invalidation of Registration (Design).pdf |
[Design] Cosmetics Container Case (Patent Court Decision 2018Heo2458)
The Registered Design and the Prior Designs are in common in relation to
the dominant features ① and ③ to ⑥, and as it is acknowledged that said
commonalities have a significant level of importance in their overall designs,
are very prominent and contain the dominant features of the Prior Designs
which have adopted the shape of aloe as a motif, such designs make the
observer perceive an overall similarity in their aesthetic looks.
As the dominant features of the Prior Designs are novel and original, a
relatively large range of similarity should be applied to determine design
similarity. Thus, to see that the Registered Design is different from the Prior
Designs in terms of aesthetic looks, the differences in the Registered Design
should be such that can overpower said dominant features and provide
aesthetic values or creativity sufficient to arouse a different aesthetic sense.
First, with regard to the difference ¨Í between the Registered Design and the
Prior Designs, although there seems to be some differences in this part from
the perspective view and front/rear view, such differences are almost
unnoticeable when observed from the side views. Furthermore, such variation
can be regarded as ordinary, so it is hard to say that a new aesthetic sense
is aroused from such differences. Next, with regard to difference ¨Î between
the Registered Design and the Prior Designs, it does not seem reasonable to
expect that most consumers or dealers will look at the top view of the
container carefully at the time of use or sale, which means that it is not easy
to recognize or find such minor differences and therefore, such variation has
minor importance in the overall design and delivers a small level of aesthetic
value. Finally, with regard to the difference ¨Ï between the Registered Design
and the Prior Designs, given that the Registered Design has three shallowly
stepped profiles on each side, which has low importance in its overall design
and still gives a smooth appearance as in the Prior Designs, and in actual
products, such stepped profile is almost unnoticeable as shown in the
comparison table below while these are embodiments, it is hard to say that
such differences can induce different aesthetic sense that is beyond the
common aesthetic sense originating from said dominant features.