The defendant shall manufacture, manufacture, use, sell, transfer, lease, import, import, or transfer, or transfer each product listed in the attached Table 1.

Basic Facts

(1) The Plaintiff is an individual entrepreneur who produces and sells various belongings in the trade name of “C”.

2) The Plaintiff developed the following earphone case products (hereinafter “Plaintiff products”) and began to sell them to the general public through the Internet portal site “D” from June 8, 2018.

The Plaintiff filed an application for design registration with the same shape as the Plaintiff’s product on the E date (hereinafter “registered design of this case”) and received the registration thereof.

The main contents of the registered design of this case are as follows.

The name of goods on the F/E date/G date of design registration: The description of the case design for earphones: the description of the case design for earphones, the essential points of creation, drawings: Attached 2.

The Defendant’s product sales is manufacturing and selling the Defendant’s design earphones (hereinafter “Defendant’s product”).

Prior Design 1) On October 10, 2018, the Defendant asserted that the prior design 1’s publication time of prior designs 1 is December 13, 2017, but according to Gap evidence 24-2 (e-mail sent to the Plaintiff by the author of the relevant notice), the publication time of prior design 1 is recognized as October 10, 2018.

D Drawings are as listed in Annex 3, paragraph 1, as a case product for earphones inserted in Blogs.

2) Drawings are as shown in Appendix 3, No. 2, 2017, earphone products posted on the Internet website in the line design 2017.

1) On December 13, 2019, the Defendant may easily create the instant registered design with the Intellectual Property Tribunal (the prior designs presented by the Defendant to the Intellectual Property Tribunal include the prior designs 1 and 2) by means of a similar design or a combination thereof, and thus, shall be null and void.