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(영문) 서울중앙지방법원 2018.08.31 2018가합518252
침해금지청구권 부존재 확인의 소
Text

1. The Plaintiff’s act of producing and selling “Magnet (name of commodity: BY3-40-40)” B.

Reasons

1. Basic facts

A. The Defendant’s registered design (hereinafter “instant registered design”) 1/registration date / registration number: C/D/B (B) design: A description of the design: The material is synthetic resin, metal and permanent stone, installed in the part where the door of various industrial machinery and equipment is installed, and the inner door is fixed as even with a permanent stone’s own ability. (iv) The essential point of the design creation is to create a combination of new shapes and shapes, even even fixed marinanets, and shapes, as the main point of the design creation.

b. 5) Drawings: [5] Dogdogdogdogdogdogdogdogdogdogdogdogdogdogdogdogdogdogdog] / [Sgdoggdog] / [Sgdogdog] 6] Design right

B. The Plaintiff’s product manufactures and sells Magnets Products (hereinafter “Plaintiff Products”) under the name of the company engaged in the manufacturing and wholesale business of hardware, wholesale and retail business, knife, knife, knife, knife manufacturing and wholesale business, as follows:

C. Under the preceding designs, the designs are related to “magnet set”, which are goods used to fix even if they were installed by installing the door of various industrial machinery and equipment in the part where the door is installed and inserted inside the interior with the ability of permanent seat inserted inside the interior, and their use and function are related to the goods that are the object of the registered design of this case and goods identical or similar to the Plaintiff’s products.

1) U.S. Patent Gazette 279249 A (the filing date: May 27, 1953; the registration date: May 14, 1957); Magnet Capital 2) U.S. Patent Gazette 283736 A (the filing date: December 24, 1956; the registration date: June 3, 1958); Magnet Capital 3026134 A (the filing date: October 21, 1957; the registration date: Mar. 20, 1962) published in U.S. Patent Gazette 31509 A (the registration date: Magnet Capital 4) published in the U.S. Patent Gazette 30549 (the filing date: 196.3.6.16.38.6.196.6.6.16.6.6.15

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