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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. 1) Date of application/registration date/registration number of the registered design of this case: On June 17, 2009,/ on September 28, 2009 (No. 5415622) the name of a product subject to design: A description of the design and drawings for the first time transport box 3): The owner of the design right: the Plaintiff.
B. 1) Date of application/registration date/registration number: The name of a product subject to design on August 14, 2009 / 541562 similar1(2) design on September 16, 2010: drawings of a box for biological transport 3: The same shall apply to similar design 1 in attached Form 2: the Plaintiff.
C. 1) Date of application/registration date/registration number of a similar person 2) of this case: The name of a product subject to design on April 19, 201 / 19/562 similar to 2) design: drawings of a box for biological transport 3: The same shall apply to the second similar design in attached Form 2: the Plaintiff.
D. The design that the Defendant’s design subject to confirmation was to be carried out by himself, and its drawings are as shown in the attached Table 3.
E. 1) Prior Design 1 (No. 4-3 and No. 2-1) Prior Design 1 (the evidence No. 4-3 and No. 2-1) is a design filed by B and registered as D-E. The articles subject to design are a life winner, and the letter of intent and the letter of intent are as shown in Appendix No. 1. 2) Prior Design 2 (No. 4-4) Prior Design 2) is a design filed by B for a similar design of F-Design 1 and registered as GH. The articles subject to design are a life winner, and the letter of intent and the letter of intent are as listed in Appendix No. 4(2).
3) The prior design 3 (A evidence 4-5) prior designs 3 is a design registered on March 29, 2001 by an internal shock clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive cl