From August 30, 2013 to March 19, 2014, the Defendant infringed on the victim’s right to service mark by using the trade name, which is the same as or similar to the trade name, “D cafeteria (D cafeteria)” in which the victim’s Dokdo Island (Registration No. 41-026746) was registered in the service mark at the restaurant operated by the Defendant in Daejeon Dong-gu C and the first floor, Daejeon, and the victim’s Dokdo Island (Registration No. 41-026746).

2. Determination

A. According to the Defendant’s partial statement in court, Defendant’s business report certificate, certificate of fact, service mark registration certificate submitted by the prosecutor, content certificate, and receipt, the following facts can be acknowledged:

1) From April 29, 2010 to Daejeon Dong-gu C and 1st century, E operated a “Dcafeteria” store. The Defendant was working as the main kitchen at the said establishment and operated the said establishment without changing its trade name on November 2012, and the mark “D cafeteria” (hereinafter referred to as the “D cafeteria”) at the signboard, the glag, etc. is called the instant mark.

(2) On December 29, 2010, Dokdo Island Island applied for the registration of a service mark on the instant registered service mark (hereinafter “instant registered service mark”). The instant registered service mark was registered as a service mark on August 29, 2013.

On March 10, 2014, Dokdo Volunteer Co., Ltd.: (a) on March 10, 2014, the mark of this case was infringed on trademark rights; (b) thus, (c) the Defendant sent a proof of content that he would not be held liable for civil or criminal liability if the mark was removed by March 31, 2014; and (d) on March 13, 2014, the content

On March 20, 2014, the Defendant changed the trade name of the said establishment to a “F cafeteria” and the mark of the signboard and the office was changed to a “F cafeteria.”

However, the Defendant did not change the trade name of the card terminal, and issued a card settlement receipt with which the name of the chain store continues to be issued “D” after March 20, 2014.

B. According to the above facts, the Defendant obtained the certification of the contents of Dokdo Island.