Company D, a general wholesaler of goods, imported products that infringed on the registered design right and sold them to Company C. Company N, a seller of kitchen products, purchased the infringing product from Company C and then sold it to Costco, a famous warehouse-type discount mart in Korea. On behalf of the design right holder, AIP filed a claim against Companies N and D for design rights infringement and damages. Company N and the intervening party C claimed that the registered design and the infringing product were not similar and the exercise of the registration design right is a abuse of the rights, violation of the principle of prosecution history estoppel. They also claimed that it was a duplicate indemnification since the design owner has already been awarded for damages from the Company C and Coupang, Despite their allegations, AIP has taken the court's judgment that the company N, an intermediate seller, is also liable for substantial damages. This is a leading case in which intermediate sellers who purchase and sell products that infringed on the registered design right are also responsible for infringement of the design right.

(Seoul Central District Court, June 5, 2020, 2018Gahab548338)

In the design right infringement case against Company D, it was argued that the registered design and the infringing product were not similar, and that the exercise of the registered design right was abuse of rights, violation of the principle of prosecution history estoppel, AIP has taken the court's judgment that company D, which imported products that infringed the registered design right and sold them to C, is also liable for damages.

(Seoul Central District Court, May 22, 2020 2018Gahab571833)