Kernrechtsfrage
Whether the plaintiff’s garlic press infringed the defendant’s registered design under Art. 8 DesG.
Extrahierter Entscheid
No infringement: the plaintiff’s product produced a different overall impression for the relevant purchasing public.
Extrahierte Begründung
The court held that the comparison under Art. 8 DesG is based on the overall impression of the registered design and the allegedly infringing form as perceived by a purchaser of the goods. On the facts, the upper lever arm and overall volume of the plaintiff’s garlic press differed materially, so the decisive design features did not coincide.