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Design disputes affect businesses of all sizes, not only large companies and well-known brands.
Online commerce companies, start-ups, OEM-based manufacturers, etc., all deal with the “appearance” of their products.
Especially in a recent market environment where product launches are faster and similar products are spreading faster, a single design dispute can lead to cessation of sales, inventory destruction, and damage to the business.
The point is that these conflicts are not exceptional, but they occur over and over again in a sufficiently predictable structure.
In this article, we will focus on the most common types of design disputes.
1. Disputes arising from design similarity judgments
The greatest number of disputes arise from “similar designs.”
A lot of companies say it’s okay because they’ve made it a little different, but the actual legal standards are completely different.
Design right Infringement is judged on the basis of the overall aesthetics, not partial differences.
When the whole is judged.
Differences in minor details do not necessarily avoid design infringement. The assessment considers the overall visual impression and the applicable legal test for design similarity.
From a corporate perspective, we often think of the following:
Not exactly the same, is it?
A design that a business considers sufficiently different may still be found similar in law, potentially leading to suspended sales and disposal of inventory.
Risks when taking inspiration from popular products
In the process of reflecting market trends or referring to the advantages of popular products, there are many cases where similar designs are created unintentionally.
This happens often in the same environment.
- Early Startups
- Businesses relying on OEM production
- Markets with rapidly changing trends
However, it is important to note that design right infringement is only judged by the resulting similarity, whether intentional or not.
Saying 'we did not know' or 'we only took inspiration' does not by itself resolve the infringement issue.
Similarity despite partial modifications
Many people try to differentiate themselves through color changes, resizing, and some structural changes.
However, in design judgment, there are more important criteria than these changes.
The key element of the design is whether it's the same.
If the main characteristics that influence the visual impression of a product are the same, it is difficult to recognize the design as a simple color change or specification adjustment.
As a result, a situation arises where a design judged by a company as “changing enough” is still evaluated in practice as a similar design.
2. Disputes arising from running a business without a design registration
Many companies think the same way.
We made and sold them, didn’t we?
But it's a very dangerous judgment.
The design right, like a trademark or patent, is only granted through registration.
This means that if you don't have the rights to launch it first, it's hard to legally protect it.
Rather, the following reverse situation may occur.
- Competitors sign up for similar designs first
- The original developer faces an infringement allegation.
- Stop selling and claim damages
These cases are also repeated in practice, and the faster a company launches a product, the greater the risk.
3. Design imitation problems spreading in the online market
In an online distribution environment, design disputes spread faster.
Not only the product itself, but all of the following factors are the object of imitation.
- Product appearance
- Product listing images
- Product Photos and Configurations
Especially in open markets and platform-driven distribution structures, similar products can spread in large quantities in a short period of time.
If the design is registered, the following can be done.
- Report a breach on the platform (Coupang, Naver, etc.)
- Requests to suspend sales and take prompt action
On the other hand, if you don't have a right, it's really hard to respond.
As a result, imitation products can spread to the market, resulting in a simultaneous loss of price competitiveness and share.
Design disputes, the “pre-strategy” is the strongest response.
Design disputes, for the most part, do not arise by chance, but rather begin with a lack of prior review and a misunderstanding of the criteria of judgment.
So we need the same approach.
- Establish a protection strategy from the planning stage
Design should consider securing rights from the initial planning stage, not after completion.
- Assess similarity from the consumer's perspective
We need to look at similarity from the point of view of the real consumer, not the internal judgment of the company.
- Expert-based Strategic Rights Design
It's not just registration, it's design that reflects the business structure and competitive environment.
Preventive design protection is often more cost-effective than responding after a dispute, and is an important part of business risk management.
Design right is not just a means to respond to disputes, it is a key asset to protect the competitiveness of products and maintain their position in the market.
Talk to an expert now to make sure your design is not just a product, but a strong, legally protected business asset.
This article reflects the information available when it was published. Contact us to discuss your circumstances.