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(영문) 특허법원 2019.08.22 2018나2230

디자인침해금지 등

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff of the registered design of this case has the following design rights:

1) Registration number: F2) filing date / registration date: D/E(3) design description of the design: C4) description of the design may be used as auxiliary stand attached to the rear side of the smartphone, and the design may be used in parallel with the shape of “C” and the shape of the design at the time of use, as set out in the reference map in the attached Table 1 list (C4). 5) Map 6 of the nature of the design creation, which is a combination of the shape of “C” and the shape of “C”, as shown in the attached Table 1 list:

B. The Defendant’s act manufactured the products listed in the [Attachment 2] List (hereinafter “Defendant’s products,” and “Defendant’s working design”) with the name of “G,” and sold the design via the website operated by the Defendant.

C. Joint development agreement and application, registration, 1) H Co., Ltd. (hereinafter “H”) and “H”

1) On December 20, 201, I, a substantial representative of the intra-company director, as well as I, is the J Co., Ltd. (hereinafter “J”).

2) On September 3, 2012, when the applicant’s name was changed from I to “L”, the Plaintiff agreed to jointly develop the “K,” a kind of Handphone music, and thereafter, the instant design was completed. 2) The I applied for design registration of the instant registered design as the creator of the instant design on the D date. On September 3, 2012, E registered the instant registered design in the future of the instant company.

(1) On March 17, 2014, the Plaintiff acquired the registered design right of this case from “L”, and accordingly, the registration of transfer was completed. (2) On March 14, 2013, the Defendant’s husband’s husband transferred all the rights and obligations related to K business, which is the Defendant’s products, from N by the J representative director.

E. The plaintiff on the grounds of reversal and transfer is against the defendant.