권리범위확인(디)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
(a) The design registration number of the instant registered design (Evidence A 2 and 3) 1 / the filing date / the registration date: C/D/E (name of a product: F3): The design right-holder: the Plaintiff;
(b) as a “F” in which the Defendant’s design subject to confirmation is being carried out, the drawings are as shown in Appendix 2.
C. Prior designs 1 to 23 are the same as prior designs 1 to 23 submitted in a trial for invalidation of design registration.
1) A design as to “aap sap sap sap extract” inserted in the Patent Gazette No. 2003-0318000 on April 23, 2003, which is prior design 1 (No. 1 evidence No. 1) and its drawings are as follows: (a) prior design 2 (No. 2) on December 23, 2004, published in the Patent Gazette No. 30-037042 of the Design Gazette No. 3042 on December 23, 2004; and (b) its drawings are as follows:
3) On May 31, 2005, the prior design 3 (No. 3) was inserted in the Patent Gazette No. 10-2005-005030 on May 31, 2005, and its drawings are as follows: (a) the prior design 4 (No. 4) on July 11, 2005, published in the Patent Gazette No. 10-205-07263 on July 11, 2005; and (b) the drawings are as shown in the attached Table 3.
5) On March 31, 2008, the prior design 5 (Evidence 5) of the Korean Intellectual Property Office published in the Patent Gazette No. 10-2008-002808080 on March 31, 2008, the drawings are “ma” as shown in attached Table 3. 6) On May 9, 2011, the prior design 6 (Evidence 6) of the Korean Intellectual Property Office published in the Patent Gazette No. 20-201-004537 of the Patent Gazette, and the drawings are as listed in attached Table 3.
7) On April 12, 2013, the prior design 7 (No. 7 evidence No. 7) relating to the “ashesheasheasheasheasheasheasheasheasheasheashea who enables easy assembly and separation of sapsheashea” inserted in the Patent Gazette No. 10-1254388 of the Patent Gazette, which is the drawings of the prior design 8 (No. 8) on October 6, 2011.