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(영문) 서울고등법원 2016.01.14 2015나2057025
디자인권 침해 중지 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is the right-holder of the registered design as follows (hereinafter “instant registered design”).

1) The product subject to design: the filing date of the set of design 2)/registration date/registration number: the description of the design on April 25, 2014// November 19, 2014/30-72695:

1. Plastics and synthetic resin for materials;

2. It shall be the shesheshesheshesheshes hot water in the sheshesheshesheet, put in a container in which the shesheet, milk or sheet shesheet, and make it into the shesheet by putting it in the inside cases;

3. The main point of the creation of the design is that the upper top lid has a structure that is opened and closed, and the inner ion of which is a closed structure in order to enhance the ionability of the design: the main point of the creation of the design: A combination of the shape and shape of the “a set manufacturing machine” (attached Form 2): It is as described in the “the drawing of the registered design of this case”.

B. 1) Date of application of comparative design / Date of registration / Number : A description of design on September 19, 1990 / June 5, 1991 / No. 115864, 3):

1.Plastic materials shall be of plastic materials;

2. The container of this design shall be used as auxiliary containers of the required gymnative container with the mixture of burgic burgic burgic burgs in the container;

3. The body body is to select and use the containers suitable for height according to the volume of the factoring. 4) The main text of the design creation drawings: The combination of the shape and shape of the “receiving container” (attached Form 3): The body is as described in the “bridge design drawings” (attached Form 3).

C. The defendant's products manufactured and sold by the defendant have manufactured and sold the products manufactured and sold by the defendant, and manufactured and sold the products manufactured by the defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3 (including virtual number), Eul evidence 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned asserted that the defendant manufactured and sold the defendant's working product similar to the registered design of this case, thereby making the registered design of this case.

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