1. The decision made by the Intellectual Property Tribunal on April 15, 2016 on a case No. 2015Da4158 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. 1) Registration number/registration date/registration date of the instant registered design 1) / design / design / design / design / design / design / design / design : F3: (b) the name of the product is as specified in attached Form 1; (c) the description and drawings of the design in F2: as specified in attached Table 2; (c) the Defendant filed a petition against the Plaintiff on the ground that “the design subject to confirmation falls under the scope of the right to the registered design of this case, because the registered design of this case is similar to the registered design of this case and its overall aesthetic sense.”

2) On April 15, 2016, the Korean Intellectual Property Tribunal rendered the instant trial ruling accepting the Defendant’s request on the grounds that “The design subject to confirmation is similar to the registered design of the instant case, and it falls under the scope of the right to the registered design of the instant case.”

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The challenged design is not similar to the registered design of this case for the following reasons. As such, when comparing the challenged design and the registered design of this case, the scope of the registered design of this case does not fall under the scope of the registered design of this case. (A) The challenged design is connected with the challenged design of this case; (b) the last part of the challenged design is click line, and the registered design of this case is narrow straight line; (c) the challenged design is different from the body line; and (d) the challenged design of this case is divided into the shape connected to the original part and the body line; and (d) the registered design of this case is connected with the challenged design of this case, but there is no part leading to the original part and the body line; and (e) the challenged design of this case leads to the body line.