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(영문) 서울중앙지방법원 2016.10.28 2015가합547556

전용사용권침해금지등

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1. The defendant shall display each mark listed in the attached Form 1 on a new display, packing material and advertisement, or shall be listed in the attached Form 1.

Reasons

1. Facts of recognition;

A. On August 30, 2005, the Plaintiff, a domestic corporation established on August 30, 2005 for the purpose of engaging in trade business, shoes, clothing, miscellaneous import business, etc., importing and selling new products bearing the above trademarks in the status of an exclusive licensee as to trademarks owned by Mycosski, LELC (LLC), a U.S. corporation, and LLC (hereinafter “instant registered trademarks”).

On August 22, 2007, No. 2007-44540, August 22, 2007, No. 2007-4540, August 22, 2007, No. 2012-23989, April 12, 2012 / Registration Number No. 756432, August 8, 2008, No. 756434, August 8, 2008, No. 98970/2030 August 8, 2003, the exclusive licensee/registered Plaintiff/coski, Plaintiff Lelccs/coski, Plaintiff/Maniski, Plaintiff 1/Maelk's new parts and accessories, Gabuseuses and parts of 25thmnis, Gabuses and 25thmnis, Manis et al.

B. The Defendant is an individual entrepreneur who sells new products, etc. through the Internet Open Market and Auction (hereinafter “open Market”) in the name of “B”.

C. The Defendant, without authority, sold new products listed in attached Table 2 using the same trademark as the instant registered trademark through the open market.

[Ground of recognition] Each entry or video of Gap evidence Nos. 1 through 16 (including each number, if any) and the purport of the whole pleading

2. Determination as to the cause of action

A. According to the facts of the above recognition of the claim for prohibition of infringement and disposal, the Defendant’s sale of new products listed in the attached Table 2 using the same trademark as the instant registered trademark through the open market without authority is subject to Article 66(1) of the Trademark Act.