1. The decision made by the Intellectual Property Tribunal on April 26, 2012 by the Intellectual Property Tribunal on a case No. 3268 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. (1) Date of application/registration date/registration number of the registered design of this case: A/D/E product subject to design of this case: F.2 document No. 2 is indicated as A/C, but is corrected as A/C, according to the correct marking method.

(3) The owner of a design right: The description of the design, the essential point and photograph of the design creation, and the description and image of the design: as shown in attached Form 1.

B. (1) The application date / the date of registration / the date of publication / the registration / the registration number : the product subject to the design under G/H/I/J (B): The owner of the design right: the description of the design under subparagraph (d), the essential point of the creation of the design, the drawings (attached Form 2).

(2) The date of application of the comparison Design 2 (No. 5-33 (a)/ the date of registration / the date of publication / the registration : The product subject to G/ H/K/ L: The owner of the design right: the description of the design of the Plaintiff (D), the essential point of the creation of the design, and the drawings (attached Form 3):

C. (1) On December 27, 201, the Plaintiff filed a petition for a registration invalidation trial against the Defendant, asserting that the registered design of the instant case is similar to the comparable design 1 publicly notified prior to the filing of the application, and that the registration should be invalidated under Article 5(1)3 of the Design Protection Act.

(2) After the Intellectual Property Trial and Appeal Board examined the above case as 201Da3268, it rendered the instant trial ruling dismissing the Plaintiff’s appeal on April 26, 2012 on the grounds that the registered design of the instant case was not similar to the comparable design 1.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-2, Gap evidence 2-3, Eul evidence 5-1, video and the purport of whole pleadings

2. Determination as to whether the instant trial decision is justifiable

A. A product is among the elements of design when determining whether a design is identical or similar to a design, as the relevant legal doctrine and the key issue of the instant design registration.