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(영문) 서울중앙지방법원 2020.04.24 2018가합566886

상표권침해금지 등 청구의소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The parties 1) Plaintiff B registered its business with the trade name “D” from April 10, 2017 and sold electric scooterss, etc.

3) Appointed E Co., Ltd. (hereinafter “Appointed E”)

A) On August 14, 2017, a company is established for the purpose of the distribution, sale, lease, electronic commerce transaction, etc. of electric scooter. 4) The Selection F operates the electric scooter sales agency in the trade name of “G”.

B. 1 Import and Distribution of the instant product 1) H (I or J-ro B) and K L LLC (LB) in China

2) The product of this case (hereinafter referred to as the “instant product”) imported from the electric scooter.

2) On July 26, 2017, H entered into a contract with the non-party company under the name of the Defendant company to establish the Defendant company and to obtain “self-commercial agent authority” on the instant product in the Republic of Korea, and imported and distributed the instant product.

3) Around July 19, 2017, the Defendant Company entered into a contract with the designated parties E to grant the local exclusive right to sell the instant product imported by the Defendant Company to the designated parties E. C. The Plaintiff B’s application for trademark registration and registration (hereinafter “instant registered trademark”).

(1) Plaintiff B obtained trademark registration of the instant registered trademark as follows: (i) applicant / filing date 2) / registration date / registration date: B/ M/O3: Jeondong scooter, electric bicycle, electric Dongkseter, electric kwikseter, electric wheeler, electric wheeler, electric wheeler, electric wheel chairs, electric wheeler, three-wheeler, electric wheeler, three-wheeler, electric wheeler, electric bicycle, electric bicycle, electric wheeler, electric scoo, electric scoo, electric scoo, electric scooters [based] without dispute; (ii) there is no evidence of evidence Nos. 3 through 7, 9, 12, 13, and 19.