The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 2 subparag. 1 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) provides that an act of transferring or lending goods that imitates the form of goods produced by another person as a type of unfair competition is excluded from the act of transferring or lending goods that are ordinarily copied in the form of goods produced by another person (if there is no identical goods, referring to the goods that are identical or similar to the goods, the function and utility of such goods).

Here, forms of ordinary possession of the same kind of product means, in the form generally adopted in the field of like product, the form in which the employment is inevitable in order to achieve the functional effect of the product or to compete in the field of the product, or in which there is no common identity of the like product.

2. We examine records in light of the above legal principles.

The plaintiff's products as stated in the judgment of the court below are two-dimensional fire extinguisherss which are composed of two fire extinguishers cans to carry in one case, and as a whole, the basic shape is to combine two original columns which carry fire cans into two fire extinguisherss, and to fairly connect their upper sides, and the upper part of the original pole is only displayed to the inside.

From this perspective, from the bottom to the beginning of the upper part of the original pole, it seems that the whole string shape has been lost as a whole.

In addition, it is formed a dividing tool and a subdivision of a home, which is located in a dividing body of the above original pole, in which fire extinguishing materials are divided into each upper part of the above original pole, and a fixed walk is formed between both original columns, and it is the central part of the upper part of the fire extinguisher.