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1. The decision made by the Intellectual Property Tribunal on December 13, 2018 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The Defendant’s registered design 1) registration number / application date / registration date: C/D/E 2: The name of the product is as shown in attached Form 1.B. Prior designs 1, 3, 6-A, 6-B, and 6-D are the same as comparative designs 1, 3, 6-A, 6-B, and 6-D submitted in a trial for invalidation of design registration; prior designs 2, 7-B are newly submitted in a trial for invalidation of design registration; prior designs 7-A is a design of the same type as the comparable designs 7, submitted in a trial for invalidation of design registration; 1 (Evidence 4) prior designs 1 (the Patent Gazette 25, 601) of the United States Patent Gazette 24 July 24, 1980 (the Patent Gazette 25, 601).
2) A design on the part of a successful bidder as indicated in the NAB B (F) on October 15, 2014, prior design 2 (A No. 5-2) (A No. 5-2), which is a design on the part of a successful bidder as indicated in the NAB B (F), the drawings are as specified in attached Table 2, 3 (A No. 6) prior design 3 (Evidence 6) on May 25, 2014, and is a design on the part of a successful bidder in the NAB B (G) on the part of a prior design 2 (A No. 5-2). The drawings are as specified in attached Table 2.
4) A design on the margin in a part of a designated package inserted in the Bab Blog (H) on May 25, 2014, prior designs 6 (6-A, 6-B, 6-D, and 9). The drawings are as follows: 5) a design on the margin in a part of a designated package listed in the NAblog (H) on prior designs 7 (7-A, 7-B, and A No. 10) on November 15, 2010, and the drawings are as listed in attached Table 2.
C. The Plaintiff (Evidence No. 1) 1 of the instant trial decision against the Defendant, the owner of the design right of the instant registered design, is identical or similar to the design publicly notified before the application, and the design of the instant registered design is deemed as having ordinary knowledge in the field to which the design pertains (hereinafter “ordinary designer”).
The Design Protection Act is a design that can be easily created from the above design.