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(영문) 수원지방법원 2015.12.08 2014가합66409
디자인권침해금지 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the design right-holder of the registered design as follows (hereinafter “instant registered design”).

1) The product subject to design: Date of application 2) of the food storage container / Registration date / Registration number: A description of the design on December 5, 2012 (No. 30-0671913) (i) materials are synthetic resin (2) materials are equipped with assistive lids as urbanized in the attached Form 1 drawings also provide that food may be released without opening main lids <3> The product is made available for the red floor by using the molids formed at each corner of the upper end of the container body in response to each corner of the upper end of the container body. ④ The container body is transparent 4) The shape of the product subject to design creation and the shape of the container in the shape of the product subject to design storage and the design in the shape of the design in the essential form of the design in the form of the design in the attached Form 1 drawings 2: the attached Form 15 drawings.

B. The Plaintiff manufactured and sold food storage containers (attached Form 2 marked goods; hereinafter “Plaintiff’s product of this case”) of the same design as the registered design of this case (However, there is a distinction between the subsidized lids and the subsidized lids) that are identical to the registered design of this case.

C. The Defendant’s implementation products are manufacturing and selling food storage containers listed in the attached Table 3 (hereinafter “Defendant’s implementation product 1”) and food storage containers listed in the attached Table 4 (hereinafter “Defendant’s implementation product 2”), respectively. The Defendant’s implementation product and Defendant’s implementation product 2 together referred to as “Defendant’s implementation product”).

After the lapse of the trial, litigation, etc., the plaintiff was without permission from the defendant's representative director, B, and was produced by entering C office without permission.

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