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1. The decision made by the Intellectual Property Tribunal on September 24, 2014 on the case No. 1470 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
(a) Registration number 1) / filing date / registration date: name of a product subject to design B/C/D2: storage for multi-use; (iii) description and drawings of a design: 4) design right-holder: the Plaintiff;
B. The description and drawings of the design subject to confirmation are as shown in the attached Table 2, which is about the Defendant’s specific “storage box” that the Defendant is working.
C. 1) The comparative design 1) The comparative design 1 is related to the “receiving” published on November 25, 2008 in the Design Gazette No. 512564 (No. 2) of the Korea-registered Design Gazette published on November 25, 2008, and its drawings are as shown in attached Table 3. 2) The comparative design 2 is related to the keeping of the “E” published on the Internet bulletin board (Evidence No. 12) of the “E” on July 9, 2010, and its drawings are as listed in attached Table 4.
1) On June 20, 2014, the Defendant filed a petition with the Intellectual Property Tribunal for a trial to confirm the scope of rights (No. 2014Da1470) that the design subject to confirmation is not identical or similar to the registered design of the instant case and does not fall under the scope of rights. 2) On September 24, 2014, the Intellectual Property Tribunal accepted the Defendant’s request for a trial and rendered the instant trial decision that the design subject to confirmation does not fall under the scope of the registered design of the instant case, on the ground that the design subject to confirmation is not identical or similar to the registered design of the instant case.
3) The main contents of the instant design and the instant design subject to confirmation are both related to “storage for multi-purpose purposes” and are the same as the goods subject to the instant trial decision.
나 양 디자인은 ① 전체적인 외형이 직육면체 형상인 점, ② 전면의 양측과 상부 가장자리를 따라'∩ 캡 ' 모양의 지퍼라인을 형성한 점, ③ 위 지퍼라인 내측에 형성된 면을 5개의 직사각형으로 균등 분할하되 그 가운데 이격된 2개 면을 투명창으로...