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(영문) 서울중앙지방법원 2018.04.13 2017가합551849
디자인권침해금지 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Date of the Plaintiff’s registered design (hereinafter “Plaintiff’s design”)/registration number: B/C/D name: A description of a portable device case design: The material is synthetic resin and metal materials. This design is used to protect a portable device. The essential point of design creation: The “portable device case” is, in the front center of the center, light with a half-month shape, and is likely to be commercialized, high-class, and was able to cause stability by displaying a large number of ball shapes around the center, and it is the essential point of the design creation contents.

(b) Design right-holder: The Plaintiff’s drawing: the surface on the right-hand side of the upper side of the entire shape of the design, which is lower than that of the design;

B. The Defendant is manufacturing and selling products listed in the separate sheet (hereinafter “Defendant products”).

[Ground of recognition] Facts without dispute, Gap evidence 1-7 evidence, Eul evidence 15, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s design and the design of the Defendant’s product, which cause the Plaintiff’s claim, are both identical to the Plaintiff’s design and the shape of the Defendant’s product: (a) in the front center of the mobile phone case, the brightness “” which is a half-month shape, and the shape of a half-month shape, which is 46 degrees to the right side when seen on the front side; and (b) in the entirety, the shape and shape are similar to the left side, the right side, the flat, and the exhaust.

As such, the Defendant manufactured and sold the Defendant’s design and its shape or shape identical or similar to the Plaintiff’s design, thereby infringing the Plaintiff’s design right.

Therefore, the Plaintiff sought prohibition and destruction of the Defendant’s product, such as the purport of the claim, against the Defendant, and seek compensation for damages incurred to the Plaintiff.

B. The design of the Defendant 1’s product is the design.

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