상표권침해금지 등 청구의 소
1. The defendant,
(a)a mark in Appendix 1 is used for a golf machine, a package of a golf machine, a packing box, or a golf marries;
1. Basic facts
A. The Plaintiff is a trademark right holder of each of the following registered trademarks (the following registered trademarks are referred to as “1 to 6 registered trademarks,” and all of them are manufacturing and selling golf holess, golf bags, etc. bearing each of the following marks:
On October 26, 1981, No. 1078720 of the designated goods as the date of the decision to register the registration number of a mark No. 1,078720 of the designated goods, No. 20747860, May 7, 2008, 2008, such as golf straws, golf straws, golf straws, golf straws, golf straws, and golf straws, etc. (in addition to designated goods on September 11, 2012), golf 3064255, Nov. 5, 2005, No. 4106349, Aug. 27, 2014; golf 20641, Aug. 27, 2014; No. 1284, Aug. 16, 2014; No. 3771, Aug. 16, 2014>
B. From around 2014, the Defendant sold the product indicated in the separate sheet (referred to as “1 to 7 marks” in sequence) as indicated in the instant registered trademark as indicated in the separate sheet (referred to as “1 to 7 marks”) as indicated in the instant registered trademark, and promoted the product using “TITLET”, the same as the registered trademark 1, or “TIS” or “TIS”, the name of its Korean language.
Attached 1 List 1 Marks 1 (No. 2) for products using the Defendant’s trademark, golf balls, golf balls, 2-3 marks (No. 3-registered trademarks), golf balls 4, 5, 7(5) for golf balls, golf balls, 5-6 marks (No. 6-registered trademarks) for golf balls 3 (No. 4-registered trademarks), 4, 7(5) for golf balls, golf balls, and 5-7 marks (No. 6-registered trademarks) for the Defendant’s trademark use.
C. On March 14, 2014, the Plaintiff’s agent notified the Defendant of the purport that “the production and sale of the Plaintiff’s TITEST trademark is infringement of trademark rights, and thus, the production and sale suspension order is issued.” On March 24, 2014, the Defendant’s agent “REFINHED” or “LOSBALL” indicating that the Defendant’s product was a reprocessed product.