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The judgment below is reversed, and the case is remanded to the Patent Court.
Reasons
The grounds of appeal are examined.
1. The court below held that the registered design of this case (design Registration No. D) as indicated below and the registered design as indicated in the judgment of the court below are not similar to the registered design of this case (Design Registration No. D) and the registered design as indicated in the judgment of the court below because they are considerably different from the comparative design as indicated in the judgment of the court below, and that the challenged design is not a design easily implemented by the comparative design. Although the challenged design and the registered design are somewhat different from their detailed points, the court below determined that the challenged design falls under the scope of the right to the registered design of this case, since the overall aesthetic sense is similar in comparison
A design subject to confirmation of comparative design of the registered design of this case
2. However, we cannot accept the judgment of the court below for the following reasons.
First, according to the reasoning of the judgment below, the court below determined that the design was not similar because the two designs had considerable differences in the overall aesthetic sense without comparing the elements such as the fact that the external appearance of the main body and the external appearance of the main body are almost the same as that of the main body when comparing the registered design of this case with the design of this case. However, when comparing the design of this case with the design of this case, the court below deemed that the external appearance of the main body had a dominant feature that affects the overall aesthetic sense of the design as to whether the external appearance of the main body and the external appearance of the main body are identical, and when comparing the registered design of this case with the design of this case, whether the external appearance of the main body were the same as that of the main body and the external appearance of the main body are similar.
The criteria are determined differently as to the similarity between designs.