logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.09.06 2018가합581687
디자인권침해금지 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Name 1 of the registered design of this case: A product display date 2)/registration date/registration number: Plaintiff 4’s design explanation - material quality is used for display of various products, such as clothing, liquid carnets, paper bags, bags, and bags at various events and department stores, etc. - The main design of this case may be separated as indicated in the reference drawing 1.2, and can be assembled in shapes 1, as shown in the reference drawing 1.2, combined coparts can be combined and light can be examined by installing lamps inside the display stand. Reference drawings and reference drawings 1.1.2 indicate the status of use of the main design of this case. 5.1.12.12.12.12.12.12.2 of the reference drawings

B. The relationship 1) The Plaintiff, a company engaged in the wholesale and retail business of miscellaneous and promotional products, was selling leather products, etc. using the product display stand to which the registered design of this case was applied. 2) On August 17, 2017, the Defendant concluded a contract with the Plaintiff under the said contract with the Plaintiff and entered into an agency contract with the Plaintiff on May 1, 2018 (hereinafter “instant agency contract”) on sales consignment with the Plaintiff while selling them in major discount stores, etc., and the main contents are as follows.

Article 1 (Purpose of Contract) The purpose of this Agreement is to set forth all the rules related to the payment of sales commission and allowances for the sales of goods supplied by the plaintiff to the defendant as business income.

Article 2 (Status and Roles of Contracting Parties) The plaintiff and the defendant are independent and equal business entities, respectively, and the defendant faithfully sells the plaintiff's goods, and the plaintiff shall sell the goods, places, and ancillary facilities necessary for the defendant to sell the goods.

arrow