beta
(영문) 특허법원 2019.12.06 2019허1490

등록무효(디)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s design registration number / filing date / registration date : C/D/E2 name: F3: B. Prior designs 1 through 5 are the same as prior designs 1 through 5 submitted by the instant trial decision, and prior designs 6 are newly submitted to the effect that prior designs are designs of the same shape as prior designs 3 in the course of the litigation for revocation of the trial decision. (i) On October 16, 2009, the Plaintiff’s design relating to “G” published on the Plaintiff’s 42 pages, 2009, as shown in attached Table 2.

2) On June 25, 2013, the prior design 2 (No. 8) published on the Plaintiff’s 19th page 2013, “G” is a design related to “I” among H products produced on April 2013, 2013, the drawings are as follows: (a) prior design 3(B) of the prior design 2013; and (b) the drawings are as shown in attached Table 2(C).

4) A prior design 4 (No. 10 Evidence No. 10) on January 26, 2002, as a design concerning "K" published in the Patent Gazette J on January 26, 2002, its drawings are as follows: 5 (No. 14) prior design 5 (No. 14) on November 15, 200, as a design concerning "M" published in the Design Gazette L on November 15, 200, the drawings are as shown in attached Table 2.

6) Prior designs 6 (No. 19 and No. 19-1, 2, 4) are designs related to “I” among H products that were installed in the N’s stores prior to May 2012 (No. 19-1, 19-1, 15) prior designs, “O” stores prior to December 2007 (No. 16-27) and “P” stores prior to May 2012 (No. 120-1, 135 of the evidence No. 19). The drawings are as follows: (a) the Plaintiff, the owner of the design right of the registered design of this case, who is the owner of the registered design of this case, are the same as the design of the registered design of this case, and (b) the Defendant is identical to or similar to the design of this case, which is the owner of the registered design of this case.

참조조문