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(영문) 서울중앙지방법원 2020.11.26 2020가합524908

상표권침해금지 등 청구의 소

Text

1. The defendant,

(a)the display, import, and transfer of products listed in the separate sheet for the purpose of manufacture, sale, transfer, and transfer;

Reasons

1. Basic facts

A. The Plaintiffs are trademark rights holders of the instant registered trademark as follows.

1) Marks: 2) Date of application: E/Date of registration for renewal of the last term: F3) Designated goods of cement waterproof systems (excluding paints, inorganic acids, sediment agents, water supply chemicals, water supply chemicals, cement rapiding agents, cement powder, cement compounding agents, industrial converging agents, waterproof agents, waterproof chemical products, waterproof chemical products, waterproof and chemical products, waterproof and chemical products, waterproof and chemical products, waterproof and chemical products, and waterproof chemical products for direct use.

B. The Defendant, a company engaged in the manufacturing and selling business of waterproof agents, etc., putting “puging and waterproof agents” on a product container as indicated in the separate sheet and manufacturing and selling them.

(hereinafter referred to as “Defendant’s product”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap’s 3 through 9, and the purport of the whole pleadings.

2. The key point of the parties’ assertion is the cause of the instant claim, and the “G” indicated on the Defendant’s product is similar to the instant registered trademark, as the goods belonging to the designated goods of the instant registered trademark and the “G” is similar to the instant registered trademark. As such, the act of manufacturing and selling the Defendant’s product constitutes an act infringing the Plaintiffs’ trademark rights as to the instant registered trademark.

As to this, the defendant alleged that the "G" is indicated in the same form as "H, along with the defendant's trade name, and among these, the part "G" is a mark indicating the ordinary name, raw materials, etc. of goods in a common way, and trademark rights are not effective, and the "H" as well as "G" are not similar to the registered trademark of this case (the same type of designated goods and used goods does not constitute the issue of this case). The judgment as to whether the trademark rights are infringed on March

A. The goods of Article 90(1)2 of the Trademark Act, which constitutes a mark indicating the ordinary name, raw materials, etc. of the goods in a common way.