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(영문) 서울중앙지방법원 2017.05.11 2016가합528897

디자인침해 및 부정경쟁행위 금지 등

Text

1. The defendant shall manufacture, sell, transfer, deliver, distribute, or distribute products listed in the separate sheet No. 4.

Reasons

1. Facts of recognition;

A. The Plaintiff’s design right and product 1) filed an application for the instant design on August 21, 2012, as indicated in attached Table 1, and registered on March 18, 2014. On December 26, 2014, the Plaintiff filed an application for the instant design on December 26, 2014, and sold the attached list 2 (hereinafter “Plaintiff’s product”) that applied the instant design through multiple shopping malls, etc., and the Plaintiff sold the attached list 2 (hereinafter “Plaintiff’s product”) to the Defendant, who is a distributor, from March 2013 to October 2015.

B. On September 18, 2015, the Defendant filed an application for a Modern design on September 18, 2015, as indicated in attached Table 3, and registered on February 18, 2016 (hereinafter “Defendant’s design right”).

2) The Defendant produced and sold the same product as indicated in the separate sheet No. 4 (hereinafter “instant infringed product”) using the Defendant’s design right.

(c) 1) The design for Mool-related design registered with the Korean Intellectual Property Office is as listed below: The date of the application for design 1-related design 2: the date of August 21, 2012: The applicant: The registration number of the applicant on March 18, 2014: the filing date of Category B: The filing date of Category C: the registration number of the applicant on June 13, 2014: the registration number of the applicant on May 22, 2015: the registration number of the second applicant on June 22, 2015: the filing date of the design related to the second applicant on June 13, 2014: the filing date of the design related to the second applicant on June 13, 2014: the filing date of the design related to the second applicant on June 13, 2014: the registration number of the applicant on June 20, 2015: the registration number of the Plaintiff on June 16, 2015.

On June 29, 2016, the defendant filed a related case with the Intellectual Property Tribunal for the first and second designs of this case.