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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 Plaintiff’s product is established on September 18, 2014 and is currently selling the following products to companies engaged in household goods, fiber, cosmetics, beauty art equipment export and import business, marketing business, etc.:
(hereinafter referred to as “Plaintiff’s Products”). (b)
Defendant’s product was established on November 14, 1997 and was engaged in wholesale and retail business, manufacturing business, etc., and is currently selling the following products:
(hereinafter referred to as “Defendant’s product.” The Plaintiff indicated the product design of “E”, which is the Defendant’s product, as indicated in the separate sheet. However, the Defendant’s E, which the Plaintiff classified as the subject of infringement after the preparatory document on May 27, 2018, as indicated below, appears to be erroneous, and the Plaintiff’s separate sheet appears to be erroneous. hereinafter the product indicated on the right side is deemed to be the Defendant’s product.
F, around July and August 2015, the Defendant Company’s product development and design registration process 1) drafted the design draft as follows (hereinafter “Defendant’s design draft”).
(2) At the same time, the Defendant developed a product of “G” and registered the following designs:
(hereinafter referred to as “the Defendant’s original registered design”) filing date / registration number: H/I/J’s explanation of the design: H: The description of the design: the material shall be attached to the subsidiary and paper, synthetic resin, and the original design shall be attached to the front of the clothes; hereinafter omitted. The essential point of the design creation: The combination of the shape and shape of “portable heating spact” and the shape of the design creation is the essential point of the design creation.
(b) Drawings;
D. A supply contract between the Plaintiff and the Defendant, and the Defendant’s new design registration process 1) Plaintiff’s employees L, upon finding the Defendant Company around February 16, 2016, requested the development of the Plaintiff’s product. The Defendant responded to the request and sent the Plaintiff to the Plaintiff a picture for the development of the Plaintiff’s product on March 2, 2016. (2) The Plaintiff was the Defendant around March 4, 2016.