logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2020.11.13 2020허4655
등록무효(디)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) 1) Date of application of the registered design 1)/ date of registration / Registration / Number of articles subject to design D/ E/W (2) design: a description of a design for tea 3) and a description of a design, the features and drawings of the creation: The design right-holder is as shown in attached Form 1; the Plaintiffs;

B. The rest of the cited designs are the materials submitted by the Plaintiffs on the ground that “the common point between the registered design and the comparative design 1 and 4 falls under the already known form and shape” and are not the subject of specific preparation. As such, the statement is omitted.

1) The date of application 1(a) of the comparable design 1(A)/ the registration date / the publication date of registration / registration number: G/ H/I/B product subject to design: A description of the framework for support for the tea c) design, the features and drawings of the creation: Attached Form 2; d) the owner of a design right: Defendant 2) the design of the “bloppet for the tea bloppet” posted on the Internet homepage (K) March 6, 2015, posted on March 6, 2015.

C. 1) The Defendant asserted against the Plaintiffs that the registered design of this case was identical or similar to the comparable design 1 that was filed prior to the filing of the application, and that the registration should be invalidated pursuant to Article 46(1) of the Design Protection Act. The Defendant asserted only the grounds for invalidation as to the comparable design 1 at the trial stage, and further asserted the grounds for invalidation as to the comparable design 4 at the trial stage. 2) The Intellectual Property Tribunal deliberated the instant case as the head of 2019No2337, May 25, 2020, and registered the “registered design” as a design similar to the comparable design 1 that was first filed, and thus registered contrary to Article 46(1) of the Design Protection Act.

arrow