Patent Court Decisions
Title | [Design] LOTUS Confectionary Case (Patent Court Decision 2018Heo5037) | ||
---|---|---|---|
Date | 2020.05.07 | Hit | 599 |
Attached File | 10. [Design] 2018Heo5037 (LOTUS Confectionary Case).pdf |
The subject design( ) maintains, in a situation where the four sides of concavo-convex shapes are almost identical to those in prior design 2( ), the pattern in which the concavo-convex shapes are symmetrically slanted toward the edges at both ends from the center of each side in the rectangle. However, in the subject design, the grade of the concavo-convex shapes is changed to increase gradually. Thus, the concavo-convex shape in the middle of each side is formed to be almost perpendicular to each side. As a result, the subject design does not have a bud shape as in prior design 2. And not only does the subject design delete the alphabetical characters embossed in grooves of prior design 2, but also, the alphabetical characters are only the plaintiff’s business name and written with a plain typeface without special designs. Thus, the subject design is one which an ordinary designer could easily create from prior design 2.