All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. In the case of the Intellectual Property Trial and Appeal Board 1382 (1382) where a complainant asserts a design right, the Defendants did not infringe on the rights of the complainants. As such, the Defendants rendered a final decision that the complainant’s assertion was groundless on July 24, 2017.

Doshe send an official door to the Office of Internet Sale, which the complainant requests the suspension of sale to the branch market.

Inasmuch as the sale of the instant USB wind sold by Goman Co., Ltd. was suspended on June 1, 2016, the lower court erred by misapprehending the fact that the lower court determined that the sale was continued from June 1, 2016 to June 20, 2016.

Secondly, the Defendants did not have the intention to infringe on the design right of the complainant.

B. The lower court’s punishment against the illegal Defendants (an administrative fine of two million won) is too unreasonable.

2. Determination

A. According to the record on the assertion of mistake of facts, the defendant filed a request with the Intellectual Property Trial and Appeal Board for a trial on May 2, 2017 on the scope of his/her right, and on July 24, 2017, the Korean Intellectual Property Trial and Appeal Board rendered a trial decision to the effect that the complainant’s assertion is groundless. However, the products identified in the above trial are products of entirely different designs from those imported and sold by the defendants. Thus, even if the complainant failed to obtain the confirmation of the design right in the above trial, it does not affect the conclusion of whether the defendants infringed the complainant’s right.

According to the evidence duly admitted and investigated by the judgment of the court below, even though the complainant was deemed to have requested the seller of the Internet shopping mall to suspend selling the USB wind on June 1, 2016, the seller respondeded to the seller's refusal of selling by denying the right of the complainant, and accordingly, up to June 20, 2016.