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(영문) 특허법원 2018.10.26 2018허3239
등록무효(디)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

(a) The product subject to the registered design (A. 1 and 2)/registration date/registration number of the Defendants’ registered design of this case: D/ E/F2: A description of the main contents of the work table 3 and drawings/design;

1. The material of the registered design of this case is metal, synthetic resin, and 2.2. The registered design of this case is used as a work table used in performing various works at the office or factory. As the reference drawing was 1.1, a mobile typer installed on the upper surface in accordance with the direction of the length of the table. 3.1, a drawing indicating the whole form of the registered design of this case. The drawing 1.2, a drawing indicating the fixed part of the registered design of this case. 1.3, a drawing expressing the part of the registered design of this case. 1.4, a drawing expressing the upper part of the registered design of this case. 1.5, a drawing expressing the right part of the registered design of this case. 1.7, a drawing expressing the lower part of the registered design of this case. 1.7, a drawing expressing the original part of the registered design of this case. 1.1, a drawing indicating an auxiliary part of the registered design of this case."

(v) 1.1 Reference Map 1.2 Map 1.3 Map 1.4 Map 1.6 Map 1.7

B. The Plaintiff filed one-third of a prior design on the ground of the denial of newness or creative cost of the registered design of the instant case at the initial trial stage of the instant case. The Plaintiff submitted one-third of a prior design even in the instant lawsuit, but was on August 22, 2018, the grounds for invalidation of the registered design of the instant case on the date of the first pleading of the registered design of this case.

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