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(영문) 서울중앙지방법원 2017.09.15 2016가합567212
디자인권침해금지 등
Text

1. The defendant shall manufacture, use, transfer, lend, export, import, or import the products listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff’s registered design is an individual business operator who engages in the business of manufacturing mobile phone sclorry with the trade name of “C,” and is the owner of the design right as follows (hereinafter “instant registered design”).

(B) The design right to the registered design of this case is applied on the date of application 1) / the date of registration / the design registration number: mobile phone number : drawings : 4) the description of the design of this case is as shown in the attached Table 1: metal or synthetic resin; 2) the design of this case is able to be able to free free to see their respective levels as it is possible to see the structure that can be removed from the original design of this case. The registered design of this case can be used as a cell phone, and can be used as a storage of rubber, etc. in order to prevent the cell phone from spreading. In addition, the registered design of this case can be used at the part of the registered design of this case, such as rubber, etc. in order to prevent the c) from falling off at the time of viewing TV, videos, etc. from subway or bus. The design of this case is a combination of the parts expressed in the registered design of this case with the design registration of this case, and the shape of the design of this case is “the shape of creative phone.”

(b).

The Defendant’s manufacture and export of the Defendant’s product is a company engaged in Liber (Carrying phone cases and cell phone spons) development, manufacturing, wholesale and retail business, and exported 25,000 total sum of 11,000 products from May 25, 2016 and 14,000 products from June 7, 2016 to Japan companies (hereinafter “G”) by producing products listed in attached Table 2 (hereinafter “Defendant’s product”).

C. 1) Prior Design 1 (No. 1) a design for prior design 1 (No. 1) H with respect to “portable phone cases” (public number J and its drawings are attached.

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