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(영문) 서울중앙지방법원 2016.12.23 2016가합525942
실용신안권침해금지 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’s registered utility model 1): The name of the device: the filing date of each sheet for motor vehicle 2)/ the registration date/registration number: October 21, 2009 / No. 20-468425, Aug. 6, 2013) the scope of claims 1) the upper sheet (110) in which multiple joints (12) are formed to bring in the same material as dust (hereinafter referred to as “contests 1”) (hereinafter referred to as “contests 110”), the size corresponding to the upper sheet (112) and the upper part (112) in which two or more joints (12) are accepted through the upper part (12) and the upper part (111) in which one joints (14 joints) and one joints (131) of the upper part (120 joints) are not attached to the upper part (120 joints) and one joints (14 joints) above.

(iv) representative drawings;

B. The Defendant’s products are manufacturing and selling cart products (hereinafter “Defendant’s products”) such as photographic images in attached Form 3 (hereinafter “Defendant’s products”).

[Ground of recognition] The fact that there is no dispute or no clear dispute, each entry or video of Gap's evidence 1, 3, or 7 (including each number in the case where there is an additional number) or the purport of whole pleading

2. Determination as to the cause of action

A. The summary of the parties’ assertion is the Plaintiff’s motion for registration of this case.

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