상표전용사용권 침해금지 등
1. The defendant shall be the same as the attached product with which the trademark "adas", which was cleared by importing the number of Incheon Customs Office A.
1. Determination as to the cause of claim
(a) Facts of recognition 1) Adidigo Athrosta (adidas AG, hereinafter referred to as "adidas AG");
) The following trademarks (hereinafter referred to as “instant trademark”) are written below:
A) The Plaintiff is an owner of a trademark right and the Plaintiff is an exclusive licensee of the trademark of this case as a domestic subsidiary of the Australia. The filing date / the registration date / the registration number: December 24, 1973 / The designated goods of No. 0035400 on July 24, 1973: The designated goods of No. 03540 on December 12, 1973: The number of goods under Chapter 25 “teice uniforms, sports line confinement clothes, sports line confinement clothes, sports line landing clothes, sports line landing clothes, straws, sweets, straws, shockts, shockts, titts, jrts, sports sports line, sports line, etc.” (hereinafter referred to as “instant goods”) was imported on July 10, 2013, and the Defendant filed a report number of No. 1080 on July 10, 2013 (hereinafter referred to as “No. 80”).
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6 (if there is a serial number, including a serial number; hereinafter the same shall apply), Eul's evidence 4 and 18, and the purport of the whole pleadings
B. According to the above facts of determination, since the defendant imported the trademark of this case, which was attached to the trademark of this case for sale in Korea, and infringed the plaintiff's exclusive license on the trademark of this case, barring special circumstances, the defendant shall not import, transfer, deliver or exhibit 8,045 points stored as inventory among the infringed products of this case pursuant to Article 65 (1) of the Trademark Act, and the above 8,045 points shall not be discarded pursuant to Article 65 (2) of the Trademark Act.
2. Judgment on the Defendant’s assertion of concurrent import of authentic goods
A. 1) The parties' assertion 1) The defendant's argument, the plaintiff's argument, the plaintiff suter stuf, Lt. (hereinafter "Outer stuf") entered into a license agreement with the defendant on the use of the trademark of this case.
C (hereinafter referred to as “C”).