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(영문) 특허법원 2019.10.02 2019허2288
등록무효(디)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The design registration number of the registered design of this case (No. 1 and 2 No. 1) / the filing date / the registration date: The name of a product C/D/E 2: F3: as shown in attached Form 1: the design right-holder: the Plaintiff;

B. Prior designs 1 to 8 are the same as prior designs 1 to 8 submitted in a trial for invalidation of design registration.

1) A design relating to “I” published on the G website (H) on January 13, 2010, which is related to “B” as a design relating to prior design 1 (No. 1) (No. 1) and its drawings are as shown in attached Table 2 (A) 2 (No. 2-3 and No. 4) B corporation’s prior design 2 (No. 2-3 and No. 4), which was published on July 201 by J 45 (the model name: K), and its drawings are as listed in attached Table 2.

3) Prior Design 3 (No. 2, No. 4-2, No. 2, and No. 4) B relating to “Bower” published at the top and bottom of J 43, which was issued on July 7, 2011, and its drawings are as follows: 4) relating to “P” published on the Prior Design 4 (No. 3-2, No. 3-4) N Company around August 201, published around 201, and its drawings are as listed in attached Table 2.

5) Prior design 5 (No. 3, No. 4-3, No. 3-4) The drawings are related to " Q Q" published on the 16th page of theO issued around August 2012, and the drawings are as shown in attached Table 2) prior design 6 (No. 4) on June 18, 1998, the registration number of the Korean Intellectual Property Office’s registered design bulletin No. 022402, which was published on June 18, 1998. The drawings are as listed in attached Table 2.

7) A design (registration number 201980) relating to the "spawn" inserted in Article 1574 of the Design Gazette of the Korean Intellectual Property Office on September 6, 1997 (No. 5) is a design relating to the "spawn" (registration number 201980), and its drawings are as shown in attached Table 2) 8 (No. 6) prior design 8 (No. 6) prior design of February 16, 2006, published in Article 30-0406586 of the Design Gazette of the Korean Intellectual Property Office on February 16, 2006, and its drawings are as listed in attached Table 2.

C. Details of the instant trial decision A.

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