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1. The decision made by the Intellectual Property Tribunal on July 30, 2014 on the case No. 2014Da167 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
(a) Registration number 1) / filing date / registration date: The name of the product subject to design C/D/E 2: A description of the design, the description of the design, the features and drawings of the creation: the design right-holder of the design right as shown in attached Table 1;
B. The design for which the Defendant’s design subject to confirmation was to be carried out by himself is a design for a specific “unsatisfys” and its drawings are as shown in attached Table 2.
C. 1) On January 9, 2014, the Defendant filed a claim against the Plaintiff for a trial to confirm the scope of the right because the design subject to confirmation is not identical or similar to the registered design of the instant case (2014Da167). 2) The Intellectual Property Tribunal rendered the instant trial decision that the design subject to confirmation does not fall under the scope of the registered design of the instant case on July 30, 2014, on the grounds that the structure of the elements are similar to those of the registered design of the instant case, but the scope of similarity is narrow and narrow, and that the overall depth is not similar due to the difference between the shape, number and direction of the mother, the shape and direction of the DC unit, and the shape of the printed circuit board, etc.
[Judgment of the court below] The plaintiff 1, Gap 1, 2, 3, and all of the arguments
2. Summary of the parties' arguments
A. 1) The registered design of this case and the design subject to confirmation are similar to the combination form of the elements that are a dominant feature (the studio is placed at the center, the dC unit is assigned to the center, and the shape is placed adjacent to the studio, and the studio is protruding. 2) The combination form of the elements of the registered design of this case is similar to the overall aesthetic sense. 2) The combination form of the aforementioned elements of the registered design of this case was created to solve the previous problems, and thus, the width of its similarity is similar.