부정경쟁행위금지 등 청구의 소
1. The Defendant: (a) KRW 30,000,000 for the Plaintiff and its related expenses from April 21, 2015 to 2015
9. for the period of 23.0% per annum, following:
1. Basic facts
A. 1) The Plaintiff is a legal entity that completed the registration of incorporation on August 30, 201 for the purpose of manufacturing and wholesale and retailing clothing, etc., and each of the clothing products listed in the separate sheet No. 1 (hereinafter “each of the instant Plaintiff products”) is referred to as “the instant Plaintiff products.”
A) The Defendant is engaged in the business of manufacturing children’s clothes, including B, and selling them through Internet shopping malls. (2) The Defendant is a person who runs the business of selling children’s clothes and other clothing products through his own Internet shopping mall B, etc., and is supplied with the Plaintiff’s clothing products, including each of the instant Plaintiff products from around 2011 to 2012 and sold them.
B. On October 5, 2013, the Plaintiff filed an application for registration of the design with respect to one’s set, including “one set of one set,” and “one set of one set,” the Plaintiff registered each design as specified in attached Table 3.
(hereinafter “each of the plaintiffs’ designs of this case” and, among them, a specific design is referred to as “the plaintiff’s design of this case”). C.
The Defendant filed an application for invalidation trial against the Plaintiff’s design 1 and 4 with the Intellectual Property Tribunal (No. 2014Da1359 and No. 1362) around January 2, 2015, the Intellectual Property Tribunal rendered a trial ruling to invalidate the design registration of each of the above designs on the ground that, around January 29, 2012, the date prior to the date of exclusion from the loss of newness claimed by Plaintiff 1 and 4 in the process of filing the application for design registration (No. 2012 May 29, 2012), the design registration of the instant design is extremely similar to the comparable design publicly notified through the Internet website, etc., and the Defendant is referred to as “each of the instant Defendant’s designs” from around January 2, 2014 as indicated in the separate sheet No. 2, and refers to a specific product.