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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The filing date and the application number of the instant design (Evidence 2)/ the application number: The name of the product: (a) on February 10, 2015; (b) on February 10, 2015; (c) on a multi-mediate design 3: a description and drawings of the multi-mediate design (attached Form 1); d) an applicant: the Plaintiff:
B. 1) Prior Designs 1 (No. 16) Prior Designs 1 (No. 16) Prior Designs 1 (No. 16), prior Designs 2 (No. 17) Prior Designs 2 (No. 17) prior Designs 2) prior designs on May 10, 2013 (No. 5301404612), and their drawings (attached Form 2) are as follows.
C. On December 18, 2015, the examiner of the Korean Intellectual Property Office rendered a request for the instant design registration: “The pending design is similar to the fact that the inner part of the two design does not have any shape; and the outer part of the two sides of the two sides are formed “U”’s home form, and the shape leading up to the outer part of the two sides is similar to the one of the two preceding designs, the shape leading up to the outer part of the two sides, and the one leading up to the two sides and the one leading up to the two sides, and the one leading up to the two sides, and the one leading up to the two sides, and the other is similar to the one leading to the other, and the one leading up to the two sides and the one leading to the two sides. Accordingly, the Patent Tribunal rejected the Plaintiff’s request for a trial as to the instant design registration decision under Article 28(1)26(3)1 of the Design Protection Act on the ground that it can be easily combined with the one and two parts in the field to which the design pertains.”
[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1, 2, 3, and 4, and all pleadings.