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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. Both the Plaintiff and the Defendant are the manufacturers and sellers who manufacture and sell dogs, etc.
B. From September 26, 2017, the Plaintiff produced and sold to the Plaintiff’s Internet homepage (C) and in the name of “D” through the Plaintiff’s Internet homepage (C) and the Lone Star Program, the following design of the Plaintiff’s product “D” (hereinafter “Plaintiff’s product”).
C. From February 2018, the Defendant produced and sold to the Defendant’s product “F” in the name of “F” through social network services, such as personal programs and NAB shopping, or portal site Internet shopping mall, etc. (hereinafter “Defendant’s product” (including attached marks; hereinafter “Defendant’s product”).
The following products and the Defendant products are toy designed to be asked and play by asking the longer ice cryp, which is filled with pets in the strings of fiber materials through the strings.
Plaintiff
Products are composed of five colors and a specified main machine in each color, and are divided into the front and back sides of snow coin.
The defendant's product consists of eight colors in the form of one main machine, and there is no distinction between the front and back.
[Afforestation 1] Each description and image (including each number; hereinafter the same shall apply) of Gap's product / [based on recognition] Gap's product 3, 8, 24, 25, 30
2. The gist of the Plaintiff’s claim is that the Plaintiff: (a) manufactured and sold the Defendant’s product that artificially copied the Plaintiff’s product form; (b) engaged in an unfair competition act under Article 2 subparag. 1(i) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”); or (c) manufactured and sold the Plaintiff’s product that is the result of considerable effort and investment against fair commercial practices; and (d) engaged in an unfair competition act under Article 2 subparag. 1(k) of the Unfair Competition Prevention Act.