1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) The Defendant’s registration number 1)/ the filing date/registration date of the instant registered design / the name of a product C/D/E 2: Main drawings of an electric column 3: [private drawing] [4] design description, drawings, etc.: Attached 1.

(b) A product subject to verification by the Plaintiff: A major drawing of the [private drawing] [private drawing] 3 design, drawing, etc.: as shown in attached Table 2;

C. On March 8, 2019, the Defendant filed a petition with the Intellectual Property Tribunal for an affirmative trial to confirm the scope of rights of the registered design of this case on the ground that “The registered design of this case and the design subject to confirmation are extremely similar to all of the registered design of this case, and the design subject to confirmation falls under the scope of the right of the registered design of this case.” 2) On December 26, 2019, the Intellectual Property Tribunal rendered the instant trial decision accepting the said petition on the ground that “the design subject to confirmation falls under the scope of the right of the registered design of this case because the overall aesthetic sense is similar to the registered design of this case and falls under the scope of the registered design of this case.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The Plaintiff’s claimed design cannot be deemed to fall under the scope of protection of the registered design of this case for the following reasons.

Nevertheless, the trial decision of this case, which is judged differently, should be revoked as it is illegal.

The common point of the registered design of this case and the design subject to confirmation is the shape of the entire rectangular body formed with a heat added to 5 pages, ② the shape of the safety net part located in each heat column, ③ the shape of the soft pattern in the name pattern formed in the Moli pole column is the shape (i.ii. part) already known prior to the filing date of the registered design of this case or the shape (iii) widely used in furniture, glnet, etc. for a long time. Thus, the common point is not considered to be the part requiring determination of the similarity of both designs.

B. On the other hand, however,