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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) The Plaintiff’s registered design (No. 1-3) 1)/ the filing date/registration date: The name of the article C/D/E 2: a prop-supported drawings: 4) a description of the design and a major drawing: Attached 1;
B. 1) The name of a product: The main drawing: 3) is as shown in attached Form 2: (c) the date prior designs 1 (Ga evidence 2-1) through 4 (G) are published: The name of a product: F company’s website (G) around April 19, 2012: the name of a product: G crew (H) drawing: e: as shown in attached Form 2-1. 2) the date prior designs 2 (Ga evidence 1) (Ga evidence 1): (2) the date prior designs 2 (Ga evidence 1) are published: (c) the name of a product crew (Ga) and other drawings to confirm the scope of rights: (d) the entire design subject to confirmation is identical or similar to the design subject to confirmation under attached Form 2-2(Ga; and (e) the Plaintiff’s overall design subject to confirmation by the Intellectual Property Tribunal is identical or similar to the design subject to confirmation by the Intellectual Property Tribunal on May 20, 2014.
2) On December 24, 2019, the Korean Intellectual Property Tribunal rendered a decision to dismiss the Plaintiff’s request for a trial on the ground that the registered design in the instant case fell under the same or similar design 1 (hereinafter “the instant registered design”). As such, the scope of the right is not recognized since the registered design in the instant case falls under the same or similar design 1 (the instant registered design 1; hereinafter the same shall apply), the design subject to confirmation does not fall under the scope of the right to the instant registered design in the instant case. [Grounds for recognition] In the absence of dispute, the Plaintiff’s evidence Nos. 1 through 2 (including the number,
2. The parties' assertion
A. The main point of the Plaintiff’s assertion is ① the body body of the body and the body body of the body of the previous sponsor, which is the common point of the registered design of this case and the preceding 1, and ② the shape of the two-way type stillbirth.