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(영문) 대전지방법원 2016.03.24 2014가합370
실용신안권 침해금지 등
Text

1. The Defendants:

(a) manufacture, use, sell, distribute or distribute products listed in Appendix 1 and 2; or

Reasons

1. Presumed facts

A. The Plaintiff’s registered design right and registered trademark right are the following registered design right and registered trademark right holders:

1) The registered design right in this case is the subject of one name and one design: The filing date of the opening and closing date for plastic houses / the registration date / The registration number: D/ E// F design creation: The combination of the shape and shape of the opening and closing date shall be made the main points of the design creation, as shown in Attached Table 4: 2) The registered design right in this case shall be named as the main points of the design creation, and the goods subject to the design: The filing date of a virtual house opening and closing machine / the registration date / the registration number / the registration number: G/ H / the essential points of the creation of a plastic house / the combination of the shape and shape of the virtual diskettes for the opening and closing date of a plastic house as the main points of the design creation contents: The drawings are as listed in Attached Table 5:

3. The trademark right of the instant case: Date of J filing / Registration Date / Registration Number: K/ L/ M designated goods: The roof projecting of a vinyl house of Category VII, and the roof scrapping of a glass temperature room.

B. Defendants’ act 1) Defendant B Co., Ltd. (former trade name N, but changed on July 2, 2013)

The term “Defendant Company” (hereinafter referred to as “Defendant Company”) is a company aimed at manufacturing and selling agricultural computers and peripheral devices, etc., and Defendant C is the representative director of the Defendant Company. (2) From October 201 to July 2013, the Defendants produced and sold the Defendant Company’s factory with the type and shape as shown in attached Table 1 1 (hereinafter referred to as “Defendant’s implementation product 1”).

3) From August 201 to February 201, 2012, the Defendants produced and sold a vinyl ticket for the plastic machine opening and closing machine (hereinafter “Defendant 2”) with the shape and shape as shown in attached Table 2 at the Defendant Company’s factory from around August 201 to February 2, 2012. 4) The Defendants from around September 201 to around September 201, indicated the “J” trademark with the shape and shape as shown in attached Table 3 at the Defendant Company’s factory (hereinafter “Defendant 2’s trademark”).

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