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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) The filing date/registration date/registration number of the Defendants’ registered design of this case: E/F/G2: The name of the goods: H3: (b) the name of the goods: H2: H2 design description and drawings (attached Form 2); (c) the prior designs are as shown in attached Table 1 (Evidence 4) of the prior designs; (iv) the main drawings are the designs posted on the Internet site (I) on May 10, 2012, as shown in paragraph 1 of the prior designs (attached Form 3).
2) A design posted on the Internet site (J) on May 22, 2012, prior design 2 (Evidence 5 of A) and its main drawings (attached Form 3); 3) prior design 3 (Evidence 6 of A) on April 25, 2012 and its main drawings (attached Form 3) are the design posted on the Internet site (K) on April 25, 2012.
On February 6, 2015, the Plaintiff filed a motion against the Defendants for a trial to confirm the scope of right (2015Da406) by asserting that the challenged design does not fall under the scope of the registered design of this case, since the challenged design differs from the registered design of this case. (2) On July 15, 2015, the Intellectual Property Tribunal dismissed the Plaintiff’s petition on the ground that the challenged design falls under the scope of the right of the registered design of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings
2. The registered design of this case differs from the registered design of this case, and the scope of the registered design of this case cannot be recognized regardless of whether the decision to invalidate the registered design of this case became final and conclusive, because the registered design of this case is similar to the registered design of this case 4 (No. 7). The registered design of this case constitutes a free-use design easily accessible to a person who has ordinary skill in the field to which the design pertains from prior design 4 (No. 7) or a free-use design, and thus, the registered design of this case constitutes a design subject to confirmation.