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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 Defendant’s registered design (No. 2) 1)/ the filing date/registration date of the application: the name of a product C/D/E 2: drawings: 4) other drawings, a description of the design, and a summary of the creation of the design: [Attached].
B. The Plaintiff submitted prior designs 1 to 3 on the basis of the creative usefulness of the design of this case at the trial stage of this case. However, in the instant lawsuit, only 2-6 of the prior invention was submitted as evidence, and the prior invention 1 did not make any related assertion without submitting it as evidence. Thus, all of the provisions on the detailed contents are omitted.
All prior designs are designs publicly notified prior to the filing of the instant registered design, and the source of registration of R PN application for design registration of design registration MN application for design registration, including the publication of the Internet shopping mall prior to November 17, 2016, which was published prior designs 2 prior designs 3 prior designs (No. 4-1 through 3) bags (No. 5) bags (No. 6), A. 4 prior designs, prior designs 4, prior designs 4, prior designs 5, prior designs (No. 6, prior designs 5, prior designs 5, prior designs 5, prior designs 6, handbrid (Evidence 7, No. 8), handbrid (Evidence 7), and the following table:
C. On July 11, 2017, the Plaintiff filed a petition for a trial for invalidation of registration (2017DaDa2195) with the Intellectual Property Tribunal on the ground that “The registered design of this case is the same or similar design with the prior design 1, and falls under Article 33(1)2 or 3 of the Design Protection Act as well as Article 33(1)2 or 3 of the same Act as a design that can be easily created from the prior design 2.” (2) The Intellectual Property Tribunal on August 22, 2017, stating that “the registered design of this case is not similar to the prior design 1, but can be easily created by the combination of the two and three designs,” Article 33 of the Design Protection Act.