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(영문) 서울중앙지방법원 2016.09.01 2014가합44098

상표전용사용권 침해금지등

Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from May 11, 2016 to September 1, 2016.

Reasons

1. Occurrence of liability for damages;

A. The following trademarks (hereinafter “the trademark of this case”) are domestically registered trademark rights of the following trademarks (hereinafter “the trademark of this case”), and the Plaintiff is the exclusive licensee of the trademark of this case as a domestic subsidiary of the Adagas.

A trademark: The filing date/registration date/registration number of the trademark: the designated goods on December 12, 1973/12: The defendant, on July 24, 1973, attached the trademark of this case to the "NBA No. 10,800 (No. 173-103-103-1036, No. 301, No. 4041, Oct. 13, 201; hereinafter referred to as "No. 301, No. 401, No. 10306, Oct. 14, 201; hereinafter referred to as "No. 301, No. 1061, No. 401, Oct. 10, 201; hereinafter referred to as "No. 1763-106, No. 401, No. 7401, Oct. 26, 2013; hereinafter referred to as "No. 301, No.

The defendant did not obtain the plaintiff's permission as to the display of the trademark of this case on the first and second infringed products.

Meanwhile, the Plaintiff filed a lawsuit against the Defendant on the 8,045 points that the Defendant was in custody, among the products violating Article 1, seeking the prohibition and abandonment of the act of importing, transferring, etc., the Seoul Central District Court 2013 Gohap58908. On December 24, 2014, the said court rejected the Defendant’s assertion of concurrent import of the said products, and rendered a judgment citing the Plaintiff’s claim.

Accordingly, the defendant appealed (Seoul High Court 2015Na2241), but on October 29, 2015, the judgment dismissing the defendant's appeal became final and conclusive on November 20, 2015.

[Based on recognition, Gap evidence Nos. 1, 4, 10, 11, and Eul evidence Nos. 24 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.