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(영문) 서울중앙지방법원 2021.01.14 2019가합590053
디자인권침해금지 등 청구의 소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Articles subject to the Plaintiff’s registered design (No. 2-1, 2, hereinafter “registered design of this case”): The filing date of an application for drainage pipes EL 2) / the registration date / the registration number / the design right holder: the representative director of G Plaintiff: Plaintiff 5) the description of the design, the main points of creation, and drawings: attached Table 1.

B. The Defendants’ implementation design (No. 3 and No. 4, hereinafter “the Defendants’ implementation design”) Defendant B Co., Ltd. (hereinafter “B”) and Defendant C Co., Ltd. (hereinafter “C”) are companies that produce and sell various plastic products. The Defendants produced “PVC pipe 90∑ 90· El (Elbow)” such as the attached Table 3. The detailed design of each product produced by the Defendants is as shown in the attached Table 2 re-issuance (hereinafter “ Defendants’ products” as shown in the attached Table 2 and 3).

1) Prior design 1(No. 1) line design 1(No. 1) line design 1 is a product design of “90∑ ELBOW I 5-PECE” published by the U.S. H, and the specific form is as follows:

[1] 2) Prior designs 2 (No. 2) prior designs 2) prior designs are designs of “90∑ Elbow - Sebowed (Fabriated Bends)” as described in the Round published by J of Canada, which are the following drawings:

On the other hand, at the bottom of each page of the above Canadian, the "Rovised No member 2003" is stated.

(B) [The margin for inserting the picture] [2] The ground for recognition] does not dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 7, Eul evidence Nos. 1 through 6, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff Defendants are identical with the registered design of this case and the product form of the subject matter, and the Plaintiff’s registered design right by producing, selling, or advertising similar products.

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