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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 Plaintiff is the right-holder of the registered design next to the registered design (hereinafter “instant registered design”).
1) Registration number / filing date/registration date: Articles subject to design B/C/D2: 3) design description, main points of creation, and drawings: as shown in Appendix 1. B. The Defendant refers to each of the above products listed in Appendix 2, which are multi-use storage boxes (hereinafter collectively referred to as “instant infringed product”), and each of the pertinent products is named in Section 2, of the same Schedule.
) Production and sale in the Internet shopping mall, including No. 11 A, are made in the name of “E.”
2. The parties' assertion
A. The Plaintiff’s assertion infringed the Plaintiff’s design right to the registered design of this case, which is a multi-use storage box of the design similar to the registered design of this case. As such, the Plaintiff claimed against the Defendant for the prohibition of the infringement, the destruction of the infringing product of this case, and the damages for delay, which are part of the damages suffered by the Plaintiff, as stated in the purport of the claim.
B. The Defendant’s assertion is not similar to the registered design of this case. Thus, even if the Defendant produced and sold the infringing product of this case, it cannot be deemed that the Defendant infringed the Plaintiff’s design right to the registered design of this case.
3. Determination
A. In determining the similarity of the relevant legal doctrine designs, the elements constituting the relevant legal doctrine should not be prepared separately from each part, but rather depending on whether the impressions and impressions to attract people to the whole and the whole are similar. In this case, the part that can attract the attention of people in question is the essential part.