It depends on how you do it. Generally speaking, if you change the color, but the shape, composition, and design composition of the entire design remain unchanged, this behavior is an infringement. If you use this Design, but if it is similar or partially similar to this design, this generally does not constitute infringement.
But if this kind of design depends on how similar you are, generally speaking, if the similarity reaches 90, then you should pay attention.
The following are several methods for determining design infringement:
The main methods for determining design patent infringement are as follows: direct comparison method
The direct comparison method includes two aspects. One is to directly compare the allegedly infringing product with the pictures or photos of the patent. When using this method, special attention should be paid to the poor visual effect when making comparisons, especially the patent pictures using strokes. There is a certain difference between the visual effect of the finished product and the difference in the visual effect of these pictures cannot be regarded as the difference between the patent and the allegedly infringing product. The second is to directly compare the design patented product produced by the patentee or licensee with the product accused of infringement. This comparison has the best effect and is also the easiest to judge whether it is the same or similar. However, it should be noted that the patent right Whether the product produced by the person or licensee is exactly the same as the picture or photograph when applying for the patent. After applying for a patent, many companies continue to improve product design, and the actual products produced often differ from those when the patent was applied for. Therefore, when using products for direct comparison, differences or changes from patent documents should be eliminated, because the scope of design patent protection is based on the pictures or photos in the application approval document.
Cross comparison method
The cross comparison method is generally more suitable for design patents that are closely related to well-known public products. In real life, many product designers always design products based on existing well-known public products. When several people or companies make new innovative designs with reference to a certain product, the later designed products will more or less always have many similarities or similarities with the previously known public products. In this case, a cross comparison should be made to determine whether other people's products constitute infringement. The specific method is to first compare the alleged infringing product with a publicly known and public product, and then compare it with a patented product. If the alleged infringing product is closer to a patented product, it generally constitutes infringement and is closer to a publicly known and public product. The product does not infringe. This kind of cross-comparison is used to eliminate the similarities caused by the well-known public products. Otherwise, it will be unfair to the accused infringer, and it is likely that the scope of the design that is not the patentee will be expanded to its protection scope in disguise.
Perspective comparison method
Perspective comparison method refers to comparing the similarities and differences between the patent and the allegedly infringing product from different viewing angles. Appearance patents usually have six sides. If the other side of the symmetry is the same, one side can be omitted, and the bottom or back, which is not easily visible in actual use, can also be omitted. Therefore, some pictures may only have four or five sides. When comparing similarities, you should first look at the front view, and then compare the side view or top view. For many products, the similarities and differences between top view and bottom view are generally not very important, but for smaller products, such as toy pistols, all views are easy to see. Parts are often not prioritized, so their similarities and differences should be comprehensively judged from various perspectives.
For some transparent or translucent products, attention should also be paid to the visual effects in the transparent state. A product with the same appearance and shape, but another product adopts a fully transparent design, may have a very different visual effect, making it difficult to confuse and distinguish two products with the same shape. At this time, the same judgment cannot be easily made.
For some products that have multiple changing states during use, attention should also be paid to the visual contrast effects in different states. Infringement judgments cannot be made based on the approximation in one state.
In addition, you can also compare from the design key points of the exterior design. The design key points are often its unique and innovative points. If the key points of the design are the same or similar and there is no obvious difference in the remaining parts, it shall be deemed as infringement.
When judging whether a design product is infringing, you should observe and compare it from several perspectives, and finally make a comprehensive judgment whether it is the same or similar.