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(영문) 서울중앙지방법원 2017.09.28 2016가합556731
디자인권침해금지 등
Text

1. The defendant,

(a) not produce, transfer, distribute, or exhibit products listed in Appendix 3;

B. The defendant.

Reasons

1. Basic facts

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

1) Date/registration date/registration number: A product subject to design C/D/E (2): a description of 3 design in the absence of a set of time for glocks of young children:

1. The materials are synthetic resin or natural resin 1 (Attached 1) even for reference on February 1, 200, which is used as a part of the starting body of the glock for young children, such as dynasium 2 (Attached 1) even as of March 3, 200. 4. The shape of the design and the shape of the design can be combined with the shape of the design in the shape of the design, as the shape of the design may be combined with the shape of the design, on the top of the original ground plan. On the other hand, when the user consists of a wide area, and the low-face is sitting in the subway, restaurant, etc., the low-face level can be seen as able to cause a new aesthetic sense of the gynas that the low-face level of the design can be wide and stable.

B. The Plaintiff’s product and the Plaintiff’s infringing product are indicated as indicated in attached Form 1. (b) The Plaintiff’s product are indicated as indicated in attached Table 2, which is contained in F (KC Certification Number: G) based on the instant design from around 2013 to the point of view of the Plaintiff’s product and the Plaintiff’s product of this case, from around 2013 to the point of view of the Plaintiff’

A) The Defendant produces and sells a product. The Defendant is the infringement product of this case as indicated in attached Form 3, contained in “H (KC Certification Number: I)” (hereinafter “instant infringement product”).

production and sale. [The fact that there is no dispute over part of the grounds for recognition, each entry in Gap evidence 1 to 4, the purport of the whole pleadings.]

2. Whether the design right of the Plaintiff is infringed

A. Whether the similarity between the infringing product of this case and the design of this case is similar to the design of this case, the elements constituting the design of this case should not be separately compared to each part, but rather be compared to and observed in the whole and the whole, and the fear and impression that can be ventilated to the people’s mind.

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