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(영문) 서울중앙지방법원 2019.10.24 2017가합543176

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. The Plaintiff’s registered design is a company that runs the business of manufacturing and selling plastics, and is the right holder of the registered design below.

(hereinafter) The Plaintiff’s registered design “the registered design of this case” and the Plaintiff’s design right to the registered design “the registered design of this case 1)/ Date of application / Registration / Number D/ E/F2) design 3) description of the design for packaging articles subject to design - material quality is synthetic resin. - The container for packaging the design of this case is used as the package container for packing various beverages, pesticides, medicine, etc. - the combination of the shape and shape “container for packing” with the design creation as the essential point for the design creation.

(b) Entry of the registered design of this case, accompanied by five drawings;

B. 1) The Defendant is a person who manufactures and sells plastic containers, etc. under the trade name of “G” and the Defendant’s Intervenor’s Intervenor (hereinafter “ Intervenor’s Intervenor”)

(2) Around 2009, the Defendant manufactured containers for packing agrochemicals and supplied them to the Intervenor. The shape and shape of containers for packing agrochemicals are as shown in the execution design of the attached Table.

(hereinafter, the above container manufactured and supplied by the Defendant is called “Defendant’s container” and the Defendant’s implementation design is called “instant implementation design.”

Since it is not separately determined whether the creation cost of the registered design of this case was the cost of the registered design of this case, the detailed description of the prior design of this case is omitted.

1) 1 (A) filing date/registration date / registration number / publication date: H/I/ J/K’s name for liquid packing C. 2) prior design 2 (A) design number/ publication date: L/M/N’s goods.