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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’s registration number 1) / the filing date of the application / the registration date: A product subject to design registration No. 761765//9 2, 2013: A product subject to design registration: a description of the design and its main drawings (attached Form 1); (b) a product subject to the Defendant’s verified design (amended by March 8, 2017), a description of the design and its main drawings (attached Form 1); (c) a product subject to the Defendant’s verified design (amended by March 8, 2017): a description of the design and its main drawings (attached Form 2) : (c) a description of the design and its main drawings (attached Form 2).
(A) Registration number No. 1 (A) / Filing date/registration date: A design subject to design registration No. 601792/2/2010 (b) February 19, 201: drawings: (c) 1 of attached Form 3; (b) prior design 2 of the trial decision of this case.
(A) Registration number No. 2 (A) / Filing date/registration date: A design subject to design registration No. 656838, similar No. 1/1/1, 2012 (b) on July 3, 2012: drawings: (c) the prior design is the comparative design 3) of the trial decision of this case.
(A) The registration number No. 3 (A) / the filing date of an application / the registration date: The drawings of the design subject to the design registration No. 723461/27 February 27, 2013 (b): C: hereinafter the same shall apply in attached Form 3); (4) the registration number of prior designs 4 (No. 4) (A) / the filing date of an application / the filing date: the articles subject to design registration No. 703519//19/25 July 19, 2013: (c) the drawings (attached Form 3) : (d) the Plaintiff claimed against the Defendant Intellectual Property Tribunal on December 30, 2015 to confirm the scope of the registered design of this case; and (d) the Plaintiff falls under the affirmative scope of the registered design right, seeking confirmation of the scope of the registered design of this case.
(2015No. 5764). 2. The Intellectual Property Trial and Appeal Board (Korea Intellectual Property Trial and Appeal Board) on April 24, 2017.