부정경쟁행위 금지 등
1. The defendant is named as "C" or "D" in the manufacture, sale, export, and display of fish-free accommodation.
1. Facts of recognition;
A. On April 4, 2007, the Plaintiff was incorporated with the main purpose of manufacturing and wholesale and retailing the fish meal (hereinafter “fishs”) and fishing age, etc., and manufactured and sold a gift gift with the trademark “C” (hereinafter “instant trademark”) from August 2009.
Products sold by the Plaintiff as the gift meal service for the instant trademark are “G”, “H”, “I”, “J”, “K” and “L”, etc.
B. On August 24, 2012, Defendant (Co., Ltd. (formerly changed: M) was established mainly for the purpose of manufacturing and wholesale and retailing the gift meal, etc., and entered into a contract between the Plaintiff and the Plaintiff to manufacture and supply the gift meal, which had been attached by the Defendant at the time of its establishment, and manufactured and supplied the gift meal with the instant trademark in accordance with the Plaintiff’s order by November 2013, and the Plaintiff sold the gift meal supplied by the Defendant during the market.
C. The Plaintiff entered into a contract for the supply of the gift meal with the original trademark, which had been attached to the instant trademark, and supplied the said trademark from the said company, and around August 2012, upon the recommendation of the Plaintiff E (the husband of F, a representative of the Defendant) who was the Plaintiff’s employee, the Plaintiff changed the Defendant to the supply of the gift meal from the Defendant around that time.
However, around November 2013, E dismissed E and suspended the order for the manufacture and supply of the gift gift to the Defendant on the ground that E had engaged in competitive business while substantially operating the Defendant.
Upon the suspension of the supply transaction of the gift gift with the Plaintiff, the Defendant manufactured and sold the gift gift with the goods of “C” and attached the goods of “C” on its own by excluding the Plaintiff from March 2014, and manufactured and sold the gift gift with the goods of “D” from August 2014.
E. The trademark of this case is only registered in the People's Republic of China, and is domestically.