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(영문) 특허법원 2016.05.19 2015허4163
등록무효(디)
Text

1. The decision made by the Intellectual Property Tribunal on May 29, 2015 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

(a) Registration number (1)/application date/registration date of the registered design of this case: Goods subject to design registration B/C/D (2): Description and drawings of design E (3): The same shall apply to attached Form 1;

B. In the instant lawsuit, the Plaintiff filed a new prior design 5 to 10.

(1) Prior designs 1 (No. 4 (a)/ Application Date/Registration Date/Publication Date: Goods subject to design registration F/G/H/I (b): A description and drawings of the J (C) design: as shown in Appendix 2.

(2) A design relating to “E” inserted in Blogs (K) held on April 7, 2010, which is prior design 2(A) (No. 5), is as shown in attached Form 3.

(3) On October 201, 2011, prior designs 3 (Evidence 6) relating to the “products for the prevention of any non-influence” inserted in the web page (htp:/lermagazine.com/gelmart-St-guard-guard), which are the designs of the “products for the prevention of any non-influence margin” (Toe Spacer Plus Bunard-guard-guard), and the images are as shown in [Attachment 4].

(4) A design related to M inserted in Blog (L) in which comments comments on September 3, 2012 are inserted on Blog (L) Prior Design 4 (No. 7) (A), which is as shown in attached Form 5.

(5) A design disclosed to the Japanese Patent Gazette No. 2011-130819 [Do 4] on July 7, 2011, prior designs 5 (No. 8) and its drawings are as shown in [Attachment 6].

(6) A design disclosed to the Japanese Patent Gazette No. 201-45701 [Do 2] on March 10, 2011, prior designs 6 (No. 9) and its drawings are as shown in [Attachment 7].

(7) A design disclosed in the U.S. Patent Gazette 201/0046531 [Do 2] on February 24, 2011, prior designs 7 (No. 10 Evidence A) and its drawings are as shown in [Attachment 8].

(8) A design disclosed to the Japanese Patent Gazette No. 2000-116696 [Do 5] on April 25, 2000, prior designs 8 (No. 11) (No. 11) and its drawings are as shown in [Attachment 9].

(9) On June 29, 1993, prior designs 9 (Evidence A 12) (No. 12), which are disclosed in the 5-48920 [Do 3] of the Utility Model Gazette published in Japan, the drawings (attached Form 10) are as follows.

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