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(영문) 특허법원 2019.12.06 2019허1506
등록무효(디)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s design registration number / filing date / registration date : C/D/E2 name: F3: B. Prior designs 1 through 5 are the same as prior designs 1 through 5 submitted by the instant trial decision, and prior designs 6 are newly submitted to the effect that prior designs are designs of the same shape as prior designs 3 in the course of the litigation for revocation of the trial decision. (i) On October 16, 2009, the Plaintiff’s design relating to “G” published on the Plaintiff’s 42 pages, 2009, as shown in attached Table 2.

2) On June 25, 2013, the prior design 2 (No. 8) published on the Plaintiff’s 19th page 2013, “G” is a design related to “F” among H products that the Defendant had manufactured on April 2013, 2013, and its drawings are as shown in attached Table 2(C).

4) A design related to “J” published in the Patent Gazette on January 26, 2002, as prior designs 4 (No. 10 Evidence No. 10) and published in the Patent Gazette on January 26, 2002. The drawings are the designs related to “L” published in the Design Gazette 5 (No. 14) of prior designs 5 (No. 14) on November 15, 200, as shown in attached Table 2.

6) Prior designs 6 (No. 19 and No. 19-1, 2, 4) are designs related to “P” among H products installed in “O” stores prior to May 2012 (No. 19-1, 19-1, 19-1, 15), “N stores prior to December 2007 (No. 16-27, 2007)”, “O stores prior to May 2012 (No. 120-135, 135, 19-1). The drawings are as follows: (a) before the instant trial decision, the Defendant against the Plaintiff, the owner of the design right of the registered design of this case, and (b) before the Intellectual Property Tribunal, the design of the registered design of this case is similar to “O” stores prior to the instant design 1 through 5, 2012.

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