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(영문) 특허법원 2016.11.04 2016허2607
등록무효(디)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The Defendant’s registered design (A. 1. 3 No. 1)/ the filing date/registration number: B/C/D2: The product subject to design in the B/D 3: the description of the main contents of the design in the B/D : amnesty [1. 1.2] the drawing / [1.3] the drawing / [1.3] the drawing / [1.6] the drawing / [1.7] the drawing / [1.4] the drawing / [1.5] the drawing / [1.1] the front side / [1.2] the drawing / [1.2].

1. The design is related to the Bade, with textile, metal and synthetic resin, as material.

b. 2. The drawing 1.1 is a substitute photograph for a drawing which can generally grasp the overall form. The drawing 1.2 is a substitute photograph for the drawing of Bara in front. The drawing 1.3 is a substitute photograph for the drawing of Bara in rear, and the drawing 1.4 is a substitute photograph for the drawing of Bara in front on the left side. The drawing 1.5 is a substitute photograph for the drawing of Bara in front on the right side. The drawing 1.6 is a substitute photograph for the drawing of Barara in front, and the drawing 1.1.1 through 1.2 is, next, a substitute photograph for the drawing of Barara Bara Bara Ba Bada. The drawing is a substitute photograph for the drawing of 1.1 to 1.1.2 on March 2, 198, the main features of the design are made with the upper part of Bara Bara Bara Ba, the upper part is made easy to use the image of Bara Baa Ba Ba Ba Ba, and the upper part.

(b).

Although the preceding designs actually consist of images or posts verified through the Internet website, they are “design” for convenience in comparison with the registered design of this case.

On the other hand, the Plaintiff submitted the prior design 10 (No. 13) as evidence in relation to whether the cost of creation of the registered design of this case satisfies the requirements for creation, but on September 2, 2016, it is related to the date of first pleading of this case.

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