등록무효(디)
1. The decision made by the Intellectual Property Tribunal on July 18, 2018 on the case No. 2017Da1652 shall be revoked.
2. The costs of lawsuit shall be.
1. Basic facts
(a) Registration number 1)/ Date of application / Date of registration: Name of a product C/D/E (2): F3: (Attachment 1); 4) Design right-holder: Defendant
(b) 1) Registration number / filing date / registration / publication date of the prior design: The name of the goods registered G/H/I/JB: K (attached Form 2) drawings:
2) Prior designs 2: (a) the Plaintiff claimed a trial to invalidate the registered design of this case against the Defendant on May 31, 2017 by asserting that “the instant registered design is identical or similar to the prior design 1, or may be created easily from the prior design 1, and thus, falls under Article 5(1) or (2) of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013; hereinafter the same shall apply) by asserting that “the instant registered design falls under the category “N” on the product 16 pages of the title indicating that the Plaintiff requested “M to produce a Katag” and published and distributed it on October 2010.
2) On July 18, 2018, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the petition for a trial on the ground that “The registered design of this case does not fall under Article 5(1) or (2) of the former Design Protection Act in relation to prior designs 1, as the registered design of this case does not fall under the category of designs publicly known domestically or overseas before the application for the registered design of this case is filed.” [This case’s registered design of this case does not fall under Article 5(1) or (2) of the former Design Protection Act in relation to prior designs 1]
2. Whether the trial decision of this case is unlawful
A. 1) The plaintiff's assertion 1) The plaintiff's argument is about the copy of the "M" while operating the "L" company.