상호등사용금지청구 등
1. At the request of a change in exchange at the trial, the defendant shall:
A. Cosmetics manufactured and sold by the Defendant.
1. The reasons for the court's explanation concerning this case is as follows: "The entry in [Attachment 1] to 1 to 3, 5, and 6 of [Attachment 2] listed in [Attachment 1] listed in [Attachment 1] to 4, Section 9 of [Attachment 1] is as follows: "No. 1 to 3, 5, and 6 of [Attachment 2] listed in [Attachment 10] to 10 of [Attachment 2]; and the defendant's assertion in the trial shall be added to the following judgment as to the matters alleged in the judgment of the court of first instance; and the "judgment as to the contents of the plaintiff's claim" listed in Section 10 to 12 of [3] of the judgment of the court of first instance is as stated in the part of [Attachment 1] to the "judgment as to the plaintiff's changed claim" stated in Section 420 of the Civil Procedure Act.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion 1) The possibility of mutual seizure of Article 25(1) of the Commercial Act allows transfer of the trade name only in cases where the business is not discontinued, and it is impossible to seize only the trade name. As such, trade name that cannot be seized separately from the business falls under “unusedable property” as provided by Article 383(1) of the Debtor Rehabilitation Act, and thus, the Plaintiff, a trustee in bankruptcy, has no authority to manage and dispose of the trade name. 2) The well-knownness of the product sign A only uses the trademark of “X” for cosmetics by Korean Co., Ltd., a small cosmetics company, and receives a fee of KRW 10 million per year.
In light of such facts alone, it is insufficient to see that the trademark indicated in the attached Table 2 list (hereinafter “instant trademark”) is well-known, and rather, the market share in the domestic market on the product A sent out by A is only 0.00041%, and that A does not engage in any advertising and publicity activities after the bankruptcy on 2005, etc., the previous meaning of the instant trademark.