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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. The Defendant’s registered design (No. 2) (1)/ the filing date/registration date of the application: The name of the product on March 5, 2008, No. 504163///her on August 27, 2008: A drawing of a frame for loading and unloading freight: (4) the description of the design (attached Form).
B. The prior designs are all known prior designs prior to the application of the registered design of this case. The prior designs 1 through 5 are related to “the frame for loading vehicle vehicles”, and the prior designs 6 are related to “the sn beamline” of vehicles.
1) A’s design source drawings 10-206-876(the publication of August 3, 2006) (2) 8-2 of the Plaintiff’s oral pleadings 10-2006-876(the publication of August 3, 2006) (2) No. 5 of the Patent Gazette No. 10-2006-67604(the publication of June 20, 2006) (the publication of June 20, 2006) 3-6 of the Plaintiff’s oral pleadings 10-3 of the Patent Gazette No. 3038748(s) of the Japanese Registration Utility Model Gazette No. 3038748(s) of the Patent Gazette (including the provisional number of the registration of April 9, 1997): B-1 of the wing C-1 (Korean public performance of June 26, 2006) / [1] 5-2 of the Trademark Gazette No. 1, 54121, and No. 3794. 7. 94.
C. (1) On June 12, 2015, the Plaintiff filed a petition for a registration invalidation trial (2015Da3562) against the Defendant with the Intellectual Property Tribunal, asserting that “The registered design of this case is the same or similar design as prior design 1, and falls under Article 5(1) of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013; hereinafter the same shall apply) as well as the design that can be easily created from prior design 1 through 6, and falls under Article 5(2) of the same Act.”
(2) On June 1, 2017, the Intellectual Property Trial and Appeal Board (the Intellectual Property Trial and Appeal Board) has different overall aesthetic sense from prior designs 1, because the registered design of this case is in controlling characteristics with prior designs 1. The prior designs 1 through 6.