손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff and the Defendant are both companies engaged in the manufacturing and selling of household goods, and are in a competitive relationship with each other.
B. The Defendant applied for and registered the design of the anti-slock prevention package and the anti-slock prevention unit as follows:
(1) A product subject to registration number / filing date / registration date / design: A device subject to design registration: A / drum prevention drum on May 12, 2008 (hereinafter “instant first-registered design”) / January 2, 2009 (hereinafter “instant first-registered design”) < Amended by Act No. 0636817, Aug. 6, 2010; Act No. 11354, Mar. 9, 2012; Act No. 11484, Mar. 2, 2012; Act No. 11495, Mar. 9, 2012; Act No. 11495, Mar. 2, 2012; Act No. 1398, Mar. 2, 2012; Act No. 14995,
C. After that, on November 2013, the Defendant sent the document (hereinafter “instant warning document”) as “a warning letter” (hereinafter “instant warning letter”) to the HanWnwon Plus Co., Ltd. via a patent firm’s master craftsman, by content-certified mail.
Among the warnings of this case, the contents related to each of the registered designs of this case are as follows.
The warning note - us (referring to the defendant; hereinafter the same shall apply) shall hold 500 intellectual property rights registered as a recommendation through the research and development of technology designs tending since its start-up in 1998, in particular the intellectual property rights subject to this warning are as follows, and the rights are now in force.
(1) A product subject to registration number / filing date / registration date / design: A design registration No. 0516712//Sgd. 12/ 2008 of the design registration (hereinafter “instant first-registered design”) < Amended by Act No. 1904, Jan. 2, 2009> (2) The instant design registration number / filing date / filing date / registration date / design date / design: A product subject to design registration: Before March 9, 2012 (hereinafter “instant first-registered design”):