손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. While the Plaintiff requested the Defendant to manufacture a signboard of “C” in around 2009, and used the signboards produced by the Defendant and the following logs (hereinafter “instant logs”), the Plaintiff filed an application for trademark registration of the instant logs for the franchise store business with the Defendant’s consent in around 2010.
At the time, the defendant proposed that he would pay the design fee for the instant Guro, but refused it, so instead, the plaintiff requested the defendant to manufacture the signboard at the time of opening the franchise store.
The Plaintiff produced website, various printed materials, etc. using the instant log to establish a franchise store.
On July 7, 2014, the Plaintiff was requested to compensate for damages caused by copyright infringement and to revoke trademark registration, if the Plaintiff used the Lordin’s intent by the Lordin Co., Ltd.
On July 21, 2014, the Plaintiff paid 2 million won to the Defendant in return for the use of the UNCLOS, which confirmed the misappropriation of the Lopha, and cancelled the trademark registration of the Lopha in this case.
The Plaintiff suffered losses of KRW 28,063,561 in total as follows, such as the Plaintiff’s failure to use the advertisements, etc. containing the instant logo due to the Defendant’s misappropriation.
- Expenditure of KRW 20,948,561 in total for the production of the advertisement containing the instant logo - KRW 650,000 in trademark application - KRW 1,914,00 in the production of the website containing the instant logo - KRW 200,00 in the amount of KRW 1,914,00 in the trademark application - KRW 200,000 in the agreement cost with the UN wave - KRW 1,914,00 in the envelope production containing the instant logo 1,914,561 in accordance with the disbursement of KRW 28,063,561 in the Plaintiff.
2. According to the purport of the testimony and arguments of Eul-1 through 5, E, the appeal of this case is reasonable, while the plaintiff requests the defendant to display a signboard in the restaurant "C" to the defendant.