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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Presumed factual basis
(a) The design registration number of the registered design (certificate A 1) of this case / the filing date of the application / the registration date: C/D/E 2: F3) a description of the design and a major drawing: (Attachment 1); the design right-holder; the defendant;
(b) A design subject to confirmation (Evidence 2) 1 of the Plaintiff: F2 of the drawings: as shown in [Attachment 2].
C. 1) Prior Design 1 was submitted as a comparative design in the instant trial decision. (A) The design registration number of designs / the filing date / the filing date of an application: the product subject to design registration No. 681367/12. 21/21. 21. / 2013. 14. 2. 201. 2. 14: the drawings (attached Form 3):
2) In comparison with the registered design of this case, the prior design 2 was submitted by the trial decision of this case as the comparative design 3, the drawings entered in the Patent Registration Gazette, or the registered design of this case (hereinafter referred to as the “design”). (Evidence A5) published on October 18, 1966 in the U.S. Patent Registration Gazette No. 3,279 and 652 published on October 18, 196, the main drawings are as follows. (See Attached Table 4) The main drawings are as follows. (3) The main drawings are to be newly submitted in the lawsuit of this case for prior design 3.
(A) The design registration number / the filing date of an application / the registration date of the design: The product subject to the design of No. 94610/10/11, 2017: the description of the design and the main drawings of the trademark: (a) the food washing circuit is as specified in attached Form 5; (d) the Plaintiff against the Defendant, who is the owner of the design right to the registered design of the instant case, before the Intellectual Property Tribunal on July 20, 2018; and (e) the design subject to the confirmation, “the design subject to the confirmation,” submitted by the trial ruling of the instant case at the Intellectual Property Tribunal 2, 4, 5, 6, was not submitted as a prior design in the instant lawsuit.
It is a free-working design that can be created easily by a designer who is ordinary by combining this.