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(영문) 특허법원 2019.08.30 2019허2110
등록무효(디)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s registered design indicated on May 11, 2018 (hereinafter “instant registered design”) as follows (b) (hereinafter “instant registered design”).

For the registered design of this case against the defendant who is the owner of the design right, the Intellectual Property Tribunal shall give notice to the following:

The prior designs described in paragraph (1) are abbreviationd in the same manner as the prior designs 1 when they are individually named.

The overall aesthetic sense of the design is identical or similar, and it is called ‘a person who has ordinary knowledge in the field to which the design belongs'.

2) The registered design of this case does not fall under Article 33(1) and (2) of the Design Protection Act on January 22, 2019, on the ground that the registered design of this case is identical or similar to prior designs, and it does not fall under a design that can be easily created from a combination of prior designs, and thus, the registered design of this case does not fall under Article 33(1) and (2) of the Design Protection Act, inasmuch as the registered design of this case does not fall under Article 33(1) and (2) of the Design Protection Act.

"The trial ruling of the plaintiff's rejection of the above appeal" is "the trial ruling of the case".

B. B. The Defendant’s registered design (No. 2) No. 1)/registration number/application date/registration date: the name of the product C/D/E 2: F3) description and drawings of the design: F3: as shown in Appendix 1.

(c) 1) Prior Designs 1 (No. 4-5) (A): The name of the good posted on the Internet (G) August 20, 2014: FC drawings: as shown in Appendix 2-A.

2) Registration number 2(A) of prior designs / filing date / filing date / publication of registration: Name of goods H/I/J/K for design registration: F.

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