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(영문) 서울중앙지방법원 2015.05.29 2014가합567485
손해배상 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a specialized company in the environment where the Plaintiff produces and sells products, such as water purifiers, water purifiers, air hearing time, and scenarios, and is the owner of the design right indicated below (hereinafter “instant registered design”).

The registered design of this case

1. Date of application/registration date/registration number: June 28, 201; July 3, 2012/ No. 651455

2. Names of goods: Water purifiers; and

3. Design right-holder: the plaintiff.

4. Explanation and drawings of the design: The description and indication in attached Form 1 shall be as follows;

B. At the time of withdrawal of the Plaintiff’s product, the Plaintiff sells (attached Form 3) display water purifiers (hereinafter “Plaintiff’s product”) from April 2, 2012.

C. Defendant Dongyang Co., Ltd., Ltd. (hereinafter “Defendant 1”) is a company aimed at manufacturing and selling water purifiers, gas apparatus, household furniture, etc., and Defendant Dongyang Co., Ltd. (hereinafter “Defendant 2”) is a company engaged in the business of manufacturing and selling home appliances, gas, and electric products as well as household appliances, around 199.

From October 2013, Defendant 1 (attached Form 1), and Defendant 1 (hereinafter “Defendant’s licensee”) are manufacturing and selling each water purifier indicated and indicated in [Attachment Form 1], and Defendant 2 sells and lends the Defendants’ licensee’s products.

1) An open design is a design related to the "water purifier" published in Article 468592 of the Registration Gazette publicly announced as of November 9, 2007. The drawings of a design are the designs for the "water purifier" published as of November 9, 2007. The drawings of a design are the designs for the "water purifier" published as of December 12, 2190 and published as of December 12, 2190. The drawings of a design (attached Form 4) are as shown in paragraph 2.

3) A design related to the “patheric cold and hot water purifier” published as of March 13, 2008 in the Design Gazette published as of March 13, 2008. The design drawings (attached Form 4) are the same as attached Form 3. 4), published design as of February 17, 2004, published as of February 17, 2004.

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