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(영문) 서울중앙지방법원 2015.10.02 2015가합504832
디자인침해금지 등
Text

1. The defendant shall manufacture, use, transfer, lend, export, import, or import the products listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff’s registered design (hereinafter “the registered design of this case,” and the principal drawings are as shown in Appendix 1): the filing date / the registration date / the registration number / the description of the design : D/ E/F3) design may be used as auxiliary stand attached to and used on the rear side of a smartphone, and the design may be used at ordinary times with the shape of “C” and the combination of the shape and shape of “C” with the creation of the design as an essential point for the creation of the design.

B. The Defendant manufactured and sold the Defendant’s products using the name of G, thereby manufacturing the products listed in the separate sheet No. 2 (hereinafter “instant products”) and selling them on the Internet website operated by the Defendant.

C. Around December 20, 201, Plaintiff H (hereinafter “H”) around December 20, 201, following the creation and application of the registered design of the instant case

) In-house directors I and J Co., Ltd. (hereinafter “J”)

(2) On September 3, 2012, the applicant agreed to carry out the joint development, referring to analyzing and referring to the same kind of product of similar designs until May 2012, 199, i applied for design registration of the instant registered design as the creator, and on September 3, 2012, E registered the instant registered design in the name of L.

3) On May 2, 2012, I and J drafted a written agreement containing the following (hereinafter “instant agreement”).

The J and H Representatives I agree on the following:

- Of them -

4. H Representative I may not raise any objection and bring any civil or criminal lawsuit to J on the basis of intellectual property rights not registered in his/her name.

- Among them, this Agreement is recognized as a legal effect through notarial acts.

Plaintiff’s instant case.

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