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(영문) 서울중앙지방법원 2019.05.16 2018가합567759

상표전용사용권 침해금지 등

Text

1. The defendant shall not import, transfer, deliver, or exhibit the products listed in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. On August 8, 2014, the Plaintiff, as to the instant registered trademark, completed the registration of establishment of exclusive license with respect to the instant registered trademark from January 1, 2014 to December 31, 2023; and completed the registration of establishment of exclusive license with respect to the instant registered trademark to be discharged from the Republic of Korea.

1) Mark: (2) Date of application 3) / Date of registration / Date of renewal of the duration / Registration / Number : D/ E/ / f4 January 10, 2013: Shirts, Titts, Sports Shirts, Swets, etc.

B. On August 31, 2018, the Defendant imported products from the Defendant, while importing the products listed in the separate sheet, filed an import declaration with the head of Incheon Customs Office on August 31, 2018. The Defendant did not obtain the Plaintiff’s permission as to the attachment of a mark identical with the registered trademark of this case on the products listed in the separate sheet. 2) The head of Incheon Customs Office notified the Plaintiff of the import of the products listed in the separate sheet pursuant to Article 13(1) of the Notice on the Handling of Customs Clearance for the Protection of Intellectual Property Rights for the reason that the products listed in the separate sheet could infringe on trademark rights. Accordingly, the Plaintiff requested the head of Incheon Customs Office on September 11, 2018 to withhold customs clearance of the products listed in the separate sheet, and the head of Incheon Customs Office withheld customs clearance of the products listed in the separate sheet pursuant to Article 239(

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including the provisional number), the purport of the whole pleadings

2. According to the facts of determination as to the cause of the claim, products listed in the separate sheet constitute products identical with or similar to the designated goods of the instant registered trademark, and the Defendant imported products listed in the separate sheet with the mark identical to the instant registered trademark without the Plaintiff’s permission, an exclusive licensee of the instant registered trademark, for the purpose of selling them, thereby infringing the Plaintiff’s exclusive license as to the

Therefore, pursuant to Article 107 (1) of the Trademark Act, the defendant shall import the products listed in the separate sheet.