[Success Case]
Case No. 2012 Min-Zhuan-Su-Zi 107, Intellectual Property Court
[Decision Digest]
Although the overall combination pattern of the patent at issue and product at issue and the appearance of the link between the main unit and the extension pipe are similar, the appearance of the top cover and the bottom support of both of them are different. From the viewpoint of product purchase of general consumers, such products should be purchased by purchasers who would use them. Therefore, they should have noticed the style of the prior art or specifications and identified from observation the similarities and dissimilarities of the top cover and bottom support areas. After their overall comparison at different times and spaces and integrated judgment the visual appearance of both of them, the visual impression produced will not make that general consumer produce confusing visual impressions. Therefore, it is determined that the overall visual appearance of the product at issue is dissimilar to the patent at issue.
