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(영문) 특허법원 2019.09.06 2018나2001

상표권 침해금지 등

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Of the judgment of the first instance, KRW 10,000,000 against the Plaintiff and its related amount from June 20, 2018 to September 6, 2019.

Reasons

1. Basic facts

(a) The registered trademark 1) filing date/registration date//registration number: C/D/E 2: Designated goods: as shown in attached Table 3: The trademark right holder is as listed in attached Table 3: the Plaintiff;

B. The Plaintiff is the owner of the instant registered trademark, and at the time of the establishment of Q Q, a corporation, its representative on August 24, 201, the Plaintiff engaged in the production, processing, storage, etc. of agricultural products. (2) The Defendant, on June 26, 2012, was a “F Co., Ltd.” while the trade name at the time of incorporation was changed to “B Co., Ltd.” on August 17, 2015.

C. Around May 8, 2013, the Defendant used the mark “,” like “,” as the Defendant sold the kimchi produced by the Defendant in the Internet shopping mall, Inc., I (hereinafter “I Internet shopping mall”), and on January 23, 2015, used the mark “,” such as “,” while selling the kimchi in RR’s Home shopping broadcasting (hereinafter “R home shopping broadcasting”).

(hereinafter the above marks used by the Defendant (hereinafter referred to as the “Defendant mark”). 【No dispute exists in the grounds for recognition, the entries of Gap evidence Nos. 1 through 7, 11, 22, and 30 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion is as follows: (a) from June 26, 2012 to September 4, 2017, Defendant marks similar to the registered trademark of this case, the trademarks of this case are as follows.

In addition, the instant registered trademark right was infringed by using the mark “” and the mark “” at MKapet J on G and S on the designated goods of the instant registered trademark in kimchi, one of the designated goods of the instant registered trademark.

Accordingly, the plaintiff is claiming damages under Article 110 (3) of the former Trademark Act.

However, the instant registered trademark was wholly amended by Act No. 14033, Feb. 29, 2016, as it was filed C.