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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The registration number of the instant registered design (No. 2) (1) / the filing date of the application: The name of the product on March 20, 2012 (No. 688419///her on April 3, 2013: The instant registered design (No. 2) / the filing date of the application: The instant registered design (attached Form 1): the instant drawings (attached Form 1).
B. Prior Designs (1) 1 (Attached 2) (Attached 1) (Attached 2) of prior designs is related to the "satisfying container" published in the Japanese Publication Publication No. 2000-103480 published on April 11, 2000, which is published on April 11, 200, and the drawings are as shown in the attached Table 2 (A).
(2) Prior Design 2 (Attachment 2) (A) No. 1 (attached Form 2) (B) is related to the "heat container" published in the Japan Publication Patent Gazette No. 2008-168922, Jul. 24, 2008, which is published, and the drawings are as specified in attached Table 2 (B).
(3) Prior design 3 (Attachment 2) (A) No. 1 (attached Form 2) (C) is related to the “portable type and World Cup” stated in Article 20-2010-831 of the Utility Model Gazette disclosed on August 20, 2010, and its drawings (attached Form 2) are as stated in attached Form 2(C).
(4) Prior Design 4 (Attachment 2) (No. 1-D. 10), published on August 31, 201, relating to the “Disposable World Cup with a negligent person,” as stated in Article 20-201-97105 of the Patent Gazette, which is published on August 31, 2011, and the drawings are as listed in attached Form 2’s “D”.
(5) Prior design 5 (Attached 2) (attached Form 1) (e) (attached Form 2) is related to the “mullion of World Cup” as stated in Article 30-2012-139 of the Design Gazette, which was filed on March 20, 2012 and disclosed on April 4, 2013, and its drawings are as listed in attached Table 2 (E).
(6) Prior Design 6 (No. 3) published on July 30, 2002, the Japanese Patent Gazette No. 2002-209703, which was published on July 30, 2002, is related to the instant World Cup with a paper with which theme is cut. The drawings are as shown in [Attachment 2]’s “B”.
(7) Prior design 7 (No. 5) published on June 27, 200, the Japanese Patent Gazette No. 2000-177724, which was published on June 27, 2000, is related to the "short-term World Cup", and its drawings (attached Form 2) are as follows.
C. (1) The defendant is the plaintiff before the Intellectual Property Tribunal on February 9, 2017.