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(영문) 인천지방법원부천지원 2015.08.28 2014가합9495

상표통상사용권 확인 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is the clothes manufacturing business and sales business. The Defendant is a company that aims at the sports-related product manufacturing business, etc., and filed each trademark indicated in the C’s separate sheet (hereinafter “instant trademark”) and completed the D registration.

B. (1) On September 15, 2012, including the conclusion of a contract to establish a trademark non-exclusive license, E and the Defendant’s primary contract (at the time, the Plaintiff’s representative director was operating a personal business in the name of “F”) entered into a contract to establish a non-exclusive license to use the trademark of this case with the Defendant (hereinafter “the instant primary contract”) and the main contents are as follows.

Article 2 (Definitions of Terms)

1. A trademark: A trademark registered by the defendant as a clothes for designated goods;

2. Goods: It shall be limited to the clothing for industrial use, such as attaching G (H) trademark.

(C) The production of other clothing than garrts, bruts, bruts, bruts, etc.) may be made by obtaining approval from the defendant after consultation with the defendant.

Article 3 (Period of Establishment of Trademark Use Right) The period of trademark use shall be three years and six months from September 15, 2012 to February 28, 2016.

Article 4 (Areas and Details of Trademark Use Rights)

1. Area to be used shall be limited to Korea;

2. Contents of use: The trademark user fees under Article 5 (Trademark User Fees and Spot-In-Spot Assistance) for manufacture and sale shall be KRW 120 million for three years;

Article 6 (Rights and Obligations of Parties)

2. Rights and obligations of E.

(a) E shall submit to the Defendant quarterly sales results (including the current status of each transaction agency) on a quarterly basis within five days after the end of each quarter;

(b) E above:

Where a claim is not implemented, the defendant may terminate the contract.

(c) E shall submit all information on the production place to the Defendant and shall notify the Defendant immediately in the event of any changes.

E may not lease or transfer the right to use a trademark, including inheritance or other general succession, without the consent of the defendant.