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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. 1) Date of application/registration date/registration number of the instant registered design: The product subject to design on March 21, 2014/No. 736028 (2) on March 21, 2014: The owner of a design right: (a) the description and drawings of the design (attached Form 1) on July 5, 2012; and (b) the description and drawings of the design (attached Form 1).
(b) A design subject to confirmation shall be a design relating to the distance-sustaining equipment for food, and a description and a drawing of the design shall be as specified in attached Form 2.
C. Prior designs, the Defendant withdrawn the argument regarding prior designs 3 (Utility Model Gazette No. 20-0467915), prior designs 4 [the photographs published in the following car page (B) of September 2, 2008].
1) Prior designs 1 (No. 1) are designs relating to “pit fixing device” published on February 2, 2010 in Article 10-2010-010561 of the Patent Gazette. 2) Prior designs 2 (No. 2) are designs relating to “a device for maintaining the distance of straw house” published in Article 30-0602457 of the Patent Gazette on June 222, 2011.
3) Prior design 5 (No. 5 (No. 5) Internet portal site’s “NAVber” (bldg) on September 28, 2013, is a photograph of the file attached to the notice posted as of May 25, 2007 on the front design 6 (No. 6, No. 7) (www evidence 6, No. 7), on the website of the Consultative Council on the Construction Business of reinforced concrete (www.chllon.or.r).
(Lographic photo) d.
1) On March 9, 2015, the Plaintiff filed a petition against the Defendant for a trial to confirm the scope of rights by asserting that the challenged design similar to the registered design of this case and falls under the scope of protection. 2) The Intellectual Property Trial and Appeal Board deliberated the case of the said request for a trial with the Intellectual Property Trial and Appeal Board No. 2014Da2451, and on March 9, 2015, “the registered design of this case is identical with the registered design 4 prior designs publicly notified prior to the filing of the application, and the overall aesthetic sense is identical or similar to the registered design of this case