1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant’s registered design (No. 2 and 3 No. 1)/ the filing date/registration date: F3 of the name of the product for design registration: F3: B. The drawings of the design as “F” being conducted by the Plaintiff for the design subject to confirmation are as shown in attached Table 1. (C) C. The Defendant filed a motion against the Plaintiff with the Intellectual Property Tribunal to confirm the scope of the right by asserting that “the design subject to confirmation falls under the scope of the right because it is similar to the registered design of this case.”

2) On June 28, 2018, the Korean Intellectual Property Tribunal rendered the instant trial ruling (2017Da3726) that cited the said request on the grounds that “the design subject to confirmation does not fall under the free working design, and is similar to the overall aesthetic sense with the registered design of this case, since it falls under the scope of the right to the registered design of this case.” [The fact that there is no dispute over the grounds for recognition, each description and image of evidence Nos. 1 through 3, and the purport of the entire pleadings

2. Whether the trial decision of this case is unlawful

A. The Plaintiff’s assertion (grounds for revocation of a trial decision) withdrawn the assertion that the design subject to confirmation constitutes a free working design on the first date for pleading.

Accordingly, the entry of prior designs is omitted.

Since the design subject to confirmation does not correspond to the registered design of this case and thus, it does not fall under the scope of the right to the registered design of this case.

Therefore, the trial decision of this case, which was otherwise decided, should be revoked in an unlawful manner.

B. In determining the same or similar design of the relevant legal doctrine, the determination shall be based on whether each element constituting the design should not be prepared partially separately, but whether a person who observes and sees the appearance as a whole feel different depth and aesthetic sense. In such cases, the part which is most easy to attract the attention of the person who sees the design is the essential part.