1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Presumed factual basis

(a) Registration number 1) of the registered design of this case: C2) Date of application/registration: D/E3; description of the design and major drawings: as shown in attached Table 1;

B. Pre-design (Evidence A No. 4 and 5) was submitted as a comparative design in the instant trial decision.

‘G’이라는 상호로 완구ㆍ생활용품의 도매, 제조업 등을 운영하는 원고가 피고의 저작물인 토끼를 형상화한 H 캐릭터를 이용한 비눗방울 완구 상품을 개발하는 과정에서, 이 사건 등록디자인 출원 이전인 2013. 3. 14. 피고에게 보낸 이메일의 첨부파일에 포함된 ‘F’ 제품들 중 일부로서(원고는 이 사건 제2회 변론기일에서 선행디자인이 이 사건 등록디자인의 디자인등록출원 전에 공지된 사실을 자인하였다), 그 사진은 별지2 목록과 같다.

C. On February 18, 2016, the Defendant filed a petition with the Intellectual Property Tribunal for a trial to invalidate the registered design of this case by asserting that “The registered design of this case was filed by and registered by the Plaintiff, other than the creator of the design,” and that the registration should be invalidated. 2) On September 7, 2017, the Intellectual Property Tribunal ex officio rendered a trial ruling accepting the Defendant’s petition (hereinafter “instant trial ruling”). As the registered design of this case is registered in violation of Article 33(1)1 of the Design Protection Act, the registered design of this case appears to have been written in writing under Article 33(1)3 of the Design Protection Act as it is similar to the prior design publicly known prior to the filing of the application and the overall aesthetic sense thereof, and thus, it is deemed that the registration should be invalidated by Article 121(1) of the Design Protection Act.

【Evidence Cards Nos. 1 through 5, the purport of the whole pleadings】

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion 1 is against the registered design of this case and prior designs, 1.