beta
(영문) 서울중앙지방법원 2012.07.27 2012노908

상표법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the first instance court, the following facts are recognized.

A. On September 22, 1997, H, the complainant, is a corporation located in Singapore, which produces, imports, and sells golf bonds and golf instruments, and registered trademark registration is filed with the Korean Intellectual Property Office (hereinafter “instant registered trademark”). On September 22, 1997, H, the respondent, applied for trademark registration of the instant registered trademark from around 197 to the Korean Intellectual Property Office (hereinafter “the instant registered trademark”) under Chapter 43 as the trademark registration of the instant registered trademark in several countries, including the instant products, such as golf bonds, golf ground, golf club showle, golf ground, golf ground, golf ground, golf ground, golf ground, golf ground, golf ground, golf ground, room, sports ground, room, golf club, golf club, etc., and the trademark registration of the instant registered trademark has been completed on November 17, 1998. From around 197, Singapore and Thailand, the trademark registration of the instant registered trademark has been completed in relation to the instant trademark in Singapore.

B. On September 12, 1978, PP Co., Ltd. established the company of "J for the purpose of selling, importing, exporting, and manufacturing golf products". On June 16, 1997, P Co., Ltd. established a company of "P Co., Ltd." whose head office is located in the east of Japan for the purpose of "the planning, selling, etc. of golf clubs and golf products" but changed its trade name on December 15, 1998 to "J et al." (hereinafter referred to as "J et al.). On December 29, 1987, J et al. established a company of "E," "E," which means "F Co., Ltd., Ltd., the trademark of "F., Ltd., the Republic of Korea" and "E, the English trademark of which consists of "F., the date of foreign language," and "E., the trademark of "F.," which means several designated goods registered with the Korean Intellectual Property Office of Japan, 1985.