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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: A product subject to design C/D/D/ 2) design: A description of the design for the tea 3) frame, the main points of the creation, and drawings: A design right-holder: the Plaintiff;
B. The remainder of the comparative designs is the materials submitted by the Plaintiff on the ground that “the common point between the instant registered design and the comparative design 1 falls under the already known shape and shape,” and are not the subject of specific preparation. As such, the statement is omitted.
1) Date of application 1(a) of the comparable design 1(A)/ Registration Date / Registration Date / Registration Date of the Publication / Registration Number: Goods subject to design F/ G/H/(B) design: A description of the basic framework for support for the tea farming, the main points of the creation, and drawings: Attached 2A.
The same is the same. The owner of a design right: Plaintiff 2) the filing date of the comparable design 9(A) / the registration date / the publication date / registration number: the product subject to J/ G/K/B design: the description of the tea site frame; the main points and drawings of the creation; as shown in attached Form 2-B; d) the design right: Plaintiff 3) the design of the “velock for the tea-sea” posted on the Internet homepage (M) October 8, 2008, posted on the comparable design 10(B) (Evidence 2) 2008; c) the design is identical to the right-hand. The Defendant asserted against the Plaintiff that the registered design of this case is similar to the comparable design 1 and the design registration publicly notified prior to the application, and thus the registration should be invalidated.
At the trial stage, the Defendant is a design identified as “a comparative design 2” in the trial decision of this case with the design registration 1 and Nregistered design registration, which is not subject to specific comparison, and this case is a design.