beta
(영문) 특허법원 2020.11.27 2019허7436

권리범위확인(디)

Text

1. The decision made by the Intellectual Property Tribunal on September 20, 2019 on the case No. 2019Da716 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Presumed factual basis

(a) The date of application for the registered design of this case (Evidence A 1 and 2)/ the date of registration/registration number: C/D/ 2: The description and drawings of the design for the amount of books: The defendant; the design right-holder; the defendant;

(b) A design subject to confirmation (i) A description and drawings of the design: as shown in attached Form 2;

(c) Goods that are the subject of design: A description and drawings of the design (b) handbags 2): as shown in attached Form 3;

Of the registered design of the prior design of this case, only the drawings where “the shape in which four protruding parts protruding vertically protruding in a vertical line are formed at a certain distance from the center of the audience room,” the issue of whether the prior design of this case is publicly known by the prior design, is well prepared.”

1) 1 (A) registration number/registration date/public date: US D 2.01,401 S/ 25 May 25, 2014: drawings (Fg. 1/2) of prior designs 2(A)/registration number/registration date/public date: No. 39420/60/20/60/20 of design registration: No. 208/100 of design registration number of the prior designs / [3] No. 24.00/7 of design registration number / [3] No. 24.00/7 of design publication: No. 24.14.24/203 of design registration number of the prior designs / [3] No. 24.00/7 of design registration number of the previous designs / [3] No. 24.44/14.24/204].