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(영문) 대구고등법원 2018.02.08 2017나21771
부정경쟁행위금지청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 through 3, 6, 7, 12 (including a serial number; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, 7, 8, 33, 39 and 41.

The Plaintiff is a company that manufactures and sells the connecting food drinking beverages and air pressure strawing beverages connecting the pipes and pipes of fluid and gaseous transport pipes, tubes, valves, cosmetics containers, and so on. The Defendant is a company that manufactures and sells food beverages and air pressure strawing, tubes, valves, etc.

B. The Plaintiff, in combination with a hosting product exclusive for food beverage pipes and a wing body, has manufactured a "clicket", which is a component that sets the tubes in a single body or connects them with other parts, and sold them in the domestic and overseas markets.

C. As shown in the form shown in the separate sheet, the forms of the head of the unit manufactured by the Plaintiff are basically formed by a unit connected to several ductss on the passage of the original pole. One end of the home is open, but the other end is prevented.

In order to put this headhead to the inside of the body of the host and to connect the pipe with the pipe or to connect other parts of the pipe with the pipe when putting it into the pipe, and to connect the pipe with the pipe.

The characteristics of the head of a call manufactured by the Plaintiff are that, when combining the head of a string body and the head of a call body, the head of a call part forms a string, in its original form or external diameters (hereinafter referred to as “the head of a call group”). D.

The representative director B completed the registration of each of the designs described in the attached Form C(1) by the Korean Intellectual Property Office D and the attached Form(2) in the KIPO, and the Plaintiff completed the registration of each of the designs described in the attached Form(3).

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