Q: Assos TRIATHLON have a V shape on back. Our design is similar to this appearance, Is that an infringement?
A:
It’s natural to be concerned about design infringement, especially when your design shares similarities with existing products. In cases like this, what matters most is whether the design element, such as the V shape, is considered a unique trademark or an original feature that is protected by intellectual property laws. If the V shape is a commonly used or functional design element, it may not be protected, and your design could be safe.
However, if the V shape is a distinctive element of the Assos TRIATHLON brand, it could potentially raise concerns. What you need to assess is whether your design is likely to cause confusion with the Assos product in the eyes of customers. If your design looks too similar or is used in a similar context, it might be viewed as an infringement.
You might want to gather more detailed information on whether Assos has registered the V shape as a trademark or design patent. Also, consider reviewing your design's uniqueness and how it differentiates from Assos to avoid potential issues.
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