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(영문) 서울중앙지방법원 2018.01.24 2017가합502007

디자인권침해금지등

Text

1. The defendant,

(a)the manufacture, use, transfer, lease, export, or export of each product listed in the Schedule 1 and its marking; or

Reasons

1. Basic facts

A. The Plaintiff’s registered design of this case and the Plaintiff’s product sales 1) registered the following design (hereinafter “instant registered design”).

(A) The subject matter of the design is the owner of the design right in relation to (a) the date of application b) the date of multi-use storage / the registration number / the description and drawings of the design in Schedule B/ C/D: the same shall apply to the description and drawings in Schedule B/C.

2) The Plaintiff shall keep multi-use boxes, such as the entry and indication in the separate sheet No. 3 (hereinafter “Plaintiff’s Products”).

B) The Defendant produced and supplied the product to E. (B) and supplied it. (1) From around 2012, the Defendant was a corporation operating a large discount store in the membership warehouse, and the Defendant supplied and sold each product on the attached list 1 manufactured by CND Co., Ltd. (hereinafter “CND Co., Ltd.”) from Namyang-do Co., Ltd. (hereinafter “CND Co., Ltd.”).

2) On December 6, 2016, the Plaintiff asserted that Defendant 1, 2, and 3’s product infringed the registered design of this case and requested the Defendant to suspend the infringement. Accordingly, the Defendant discontinued the sale on December 7, 2016 and notified the Plaintiff of the suspension of the sale on December 14, 2016. (c) On February 28, 2014, the Plaintiff asserted that Defendant 1 infringed the Plaintiff’s right to the registered design of this case, and filed a lawsuit against CND Co., Ltd. against CND on February 28, 2014, such as Seoul Central District Court Decision 2014Ga51232, supra.

On January 23, 2015, the above court rendered a judgment dismissing the Plaintiff’s claim by deeming that Defendant 1’s product is not similar to the registered design of the instant case, and the said judgment became final and conclusive on February 14, 2015.

(hereinafter “Final Judgment”) . 2 CND Co., Ltd. did not fall under the scope of the right to registered design of this case against the Plaintiff on October 13, 2014 by the Intellectual Property Tribunal No. 2014Da2518.