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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. On April 3, 2013, the Plaintiff: (a) registered the instant registered design with the Korean Intellectual Property Office No. 0688419 (hereinafter “instant registered design”); and (b) completed the registration of the instant registered design with the Korean Intellectual Property Office No. 0688419 (hereinafter “instant similar design”) on September 24, 2013, under the similar title No. 0688419 (hereinafter “instant registered design”).
(B) The registered design of this case and the similar design of this case are collectively referred to as “each of the designs of this case”).
From June 2014, the Plaintiff and the Defendants: (a) manufactured and sold the World Cup bags (hereinafter referred to as “Plaintiff’s product”) listed in attached Table 1 from around June 2014 to around the name of “mack belt”; and (b) Defendant Loenn Co., Ltd. (hereinafter referred to as “Rocin”) produced and sold the World Cup bags listed in attached Table 2 (hereinafter referred to as “Defendant’s product”) from January 2016 to the name of “Macul”; and (c) Defendant Loen Plus Co., Ltd. (hereinafter referred to as “Roen Plus”) sold the Defendant’s product after being supplied by Defendant Loenn’s Defendant from October 2016.
C. On February 1, 2017, Defendant Loenn filed an action against the Plaintiff for the invalidation trial on the similar design of this case under the Intellectual Property Tribunal No. 2017Da2733, Feb. 1, 2017; and on February 10, 2017, the Intellectual Property Tribunal rendered a trial decision accepting each of the above claims on May 1, 2017; 2) the Plaintiff filed an action against Defendant Loenn with the Patent Court seeking the revocation of each of the above quoted designs under the Patent Court No. 2017Hu3744, May 1, 2017 (the similar design of this case); the Patent Court of Korea claimed on Nov. 2, 2017 each of the above lawsuits on the registered design of this case under the prior design of this case under the Intellectual Property Tribunal No. 2017Da3751, Aug. 1, 2010;