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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) The filing date and the application number of the instant design: The name of the product: the drawing of the floor room (attached Form 1) on January 20, 2015; 30-2015-30032: the name of the product: (b) the filing date and the registration date/registration number: the name of the product on March 10, 2001 (No. 2981772) / the name of the product on May 3, 2002: the liquid set-type panel (the design register shall be referred to as the “market,” but in the case of the design register, the panel shall be referred to as the “ Panel” in accordance with the outer marking method.
3) Drawings: as shown in [Attachment 2].
C. On January 20, 2015, the Plaintiff filed an application for the pending design on January 20, 2015. On May 6, 2015, the examiner of the Korean Intellectual Property Office rejected the registration of the pending design under Article 33(1)3 of the Design Protection Act, similar to the prior design. 2) On May 29, 2015, the Plaintiff filed a petition for an appeal against the instant decision of refusal with the Korean Intellectual Property Tribunal. On May 29, 2015, the Korean Intellectual Property Tribunal deliberated on the said request with the Korean Intellectual Property Tribunal with the number of KRW 2015 Won3077. On October 8, 2015, the instant patent application was similar to the prior design, and thus, cannot be registered, and the Plaintiff’s appeal was dismissed.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that the design of this case is manufactured and sold in standardized form, and its similarity scope is narrow. Since the design of this case is used by attaching a different day on the flat side at the time of the use of goods, ordinary consumers cannot view it from ordinary consumers, and even at the time of the transaction, it is meaningful as a factor to determine the support power, and the design of this case is not similar to the prior design. Thus, the design of this case is registered because it is not similar to the prior design.