디자인권 침해 금지 등 청구의 소
1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.
2. After filing an appeal.
1. Basic facts
A. The Plaintiff is the owner of each of the instant registered designs as follows.
Each of the registered designs of this case is the substance of synthetic resin, and is the design concerning "small block" to arrange and collect various smalls (sled, liners, locks, etc.). The combination of the shape and shape of small block design is the essential point of the creation.
(hereinafter referred to as “the registered design of this case” pursuant to the pertinent sequence. The registration number of the sequence No. 1 / The main drawing (private City/Do / Do / low surface map) No. 30-071054, Feb. 10, 2014; No. 30-071054, Nov. 10, 2014; and No. 30-071054, Mar. 31, 2014; and No. 30-0792626, Sept. 3, 2014; and b) the drawings listed in the Design Gazette No. 130-071054, Nov. 3, 2014;
Plaintiff
The number, size (cm) of products (cm x 103) product photographs x 103 x 103 2 x 110 x 2152 x 116 x 3254 of products x 190 x 60 x 89 x 60 x 89 x 89 x 116 x 152 x 16 5 x 61 x 625 x 61 61 x 64 x 60 720 x 60 x 614 x 60 are manufacturing and selling the products of small-scale products (hereinafter referred to as "Plaintiff products") as follows:
C. The Defendant’s products are manufacturing and selling each product listed in the separate sheet (hereinafter “Defendant’s product”).
【Fact-finding without a dispute over the basis of recognition】The entry of Gap evidence 2 through 5 and 12 (including branch numbers, hereinafter the same shall apply), the result of verification by the first instance court, the purport of the whole pleadings
2. Appropriateness of the plaintiff's request under Article 2 subparagraph 1 (i) of the Unfair Competition Prevention Act;
A. The summary of the Plaintiff’s assertion is that the Defendant: (a) formed by the parties to the instant case in the body of the original and the Defendant’s products, etc.; (b) directly matched a certain width reduction or a wooden rope with the horizontal and vertical length to the width and vertical length, and thus, (c) the shape of the Plaintiff’s products is called “ratan shape,” and thus, (d) the judgment is also called “ratan shape.”
For the main body of the Republic of Korea, the Republic of Korea shall be for the enemy.