상표권침해금지 등 청구의 소
1. The plaintiff's main claim and the defendant's counterclaim are dismissed, respectively.
2. The costs of lawsuit have arisen from the principal lawsuit.
1. Basic facts
A. The Plaintiff’s trademark right holder is the following trademark (hereinafter “instant trademark”).
1) Date of application/registration date//registration number: C/D/E 2: Trademark 3 designated goods or designated service business: yellow, sampling customs, heart stuff measurement equipment, medical machinery and apparatus, medical appliances and appliances, medical checkup apparatus, medical test equipment, etc.
B. On April 24, 2013, the Plaintiff entered into a purchase contract with the Defendant to purchase the raw materials, such as major reagents and films, from the Plaintiff, and to manufacture and supply them to the Plaintiff, which meet certain quality standards upon receiving technology transfer. The Plaintiff entered into a purchase contract with the effect that the Plaintiff will purchase the whole quantity of the products, and the main contents of the contract are as follows.
(A) No. 6, hereinafter referred to as the “instant purchase contract”). Purchase contract
A. The Plaintiff is a company that produces and supplies products, medical supplies, medical appliances, etc. for blood transfusion measurement.
B. The Plaintiff intends to entrust the Defendant with the manufacture of the sastro (H-type to be used in the H blood transfusion measuring instruments, such as F and G) for the purpose of measurement under the terms and conditions of this contract, and the Defendant wishes to be entrusted with it.
Accordingly, the plaintiff and the defendant agree as follows:
1. Entrusted Manufacturing 1.1: The Plaintiff shall entrust the Defendant with the manufacturing of Hst (hereinafter “products”).
1.2.Prohibition of Competition and Inducements: the Defendant may not manufacture or sell, or manufacture, (ii) any other lists for measurement of blood transfusions in the global medical community, as well as in this term of the contract, for one year after the termination of the contract.
Provided, That when the plaintiff's approval is granted, the defendant may sell the string for measuring blood products not used together with H products in a semi-finished state.
3. The options Plaintiff may purchase the Defendant’s factory under the conditions agreed by the Parties five years after the date of initial shipment.
4. Procedure for the order;