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(영문) 서울중앙지방법원 2018.06.29 2016가합553077

디자인권침해금지 등

Text

1. The Defendants shall:

(a)the production, use, assignment, lease, import or export of rectangular papers of the designs listed in the Schedule 1;

Reasons

1. Basic facts

A. The Plaintiff of the parties is a company established on March 15, 200 and engaged in the production of direct materials, the production of panel contents, etc., as its main business. The Plaintiff produces, sells, and exports clicks, bedclothess, furnitures, furnitures, and remote areas.

Defendant 1, Inc. (hereinafter “Defendant Company”), Inc., (hereinafter “Defendant Company”), is a company that manufactures and sells beds and internal furnitures, etc., with exclusive supply of sppprinking risk to Hanynex Co., Ltd. (hereinafter “ Hanynex”) and Defendant A is operating an enterprise “C” that deals with sediment clothes, subsidiary materials, etc., and Defendant B is operating an enterprise “D”.

B. The Plaintiff’s registered sampling requested the Plaintiff to design a rectangular land to be used on the side surface of the trypris. Dr. Dr., an employee of the Hangyp, sent to the Plaintiff a variety of design design scenarios, including a satus of the same model as the right photograph, to the Plaintiff.

The plaintiff created a variety of rectangular designs in consultation with E, created a master model, and delivered the design to E on December 5, 2014, and completed the design registration as follows.

(A) No. 8-2, hereinafter referred to as “instant design”). Date of application / Date of registration / Number: Articles subject to design of No. 30-2478, Nov. 6, 2015 / Articles subject to design of No. 30-2478, Nov. 22, 2015: A description of the main contents and drawings of the rectangular site [ pages]

1. This design can be used as an original unit, such as furniture and bedclothes. 2. The material is a synthetic fiber. 3. Madton which is repeated in succession on the upper and lower sides. 4. The main points of the design creation are the same as the surface altitude. The design is a brest that the upper and lower parts of the design creation are the same as the pattern.

The Plaintiff, from January 2015, supplied the product of the Defendants to the Defendant Company a rectangular paper that applied the instant design (hereinafter “instant design rectangular paper”), and the Defendant Company’s request.