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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant is the owner of the design right who manufactured and sold the inside of the trade name of “D” and registered the registered design indicated in the attached list (hereinafter “instant registered design”) with respect to the inside of “D” with the following content:
A product which is the object of a design: The essential point of the creation of the inside design: The design of the inside design is that the front section of the inside design consists of a little strings, the front section of the ventilation hole has several protrudings, and the adjustment district is combined with the string of the inside part so that the inside location can be easily adjusted.
B. Plaintiff A, who manufactures and sells the inside and outside of medicine products, etc. with the trade name of “H”, manufactures and sells the inside of the attached list with the trade name of “I” (hereinafter “instant product”). Plaintiff B, as the spouse of Plaintiff A, manufactures and sells “I” with the Plaintiff’s spouse.
C. On June 13, 2014, the Defendant asserted that the instant product was in infringement of the Defendant’s design right, and filed an application for provisional injunction against infringement of the design right against Plaintiff B with the Daegu District Court 2014Kahap3055, and the said court determined on September 15, 2014, that the instant product infringed the Defendant’s design right because the overall shape and pattern are similar to the registered design of the instant product, and thus, it shall not be displayed or advertised for the production, use, transfer, lease, export, sale, or display or advertisement of the instant product. ② The Plaintiff B shall be in possession of the said finished product and semi-finished goods kept in the office, factory, place of business, warehouse, or agency, and shall have the execution officer entrusted by the Defendant keep them in custody. ③ When the execution officer keeps the finished product and semi-finished goods in custody, the purport of custody shall be publicly announced in a reasonable manner in the storage place.”