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(영문) 서울중앙지방법원 2017.06.30 2016가합547706

상호사용금지 등 청구의 소

Text

1. The part concerning the claim for prohibition of interference with business among the instant lawsuit shall be dismissed.

2. The plaintiff's claim of this case is "D".

Reasons

1. Facts of recognition;

A. The mother of Defendant C operated a restaurant with the name of “H” from around 1976 to around 1976, the name of Defendant C changed to “E” on July 9, 1996 (hereinafter “F restaurant”). < Amended by Presidential Decree No. 15093, Jul. 9, 1996>

2) On January 4, 2005, the name of the business operator of the F cafeteria was changed from G to Defendant B, who is a de facto spouse of Defendant C, and thereafter the registration was made in Defendant B’s name.

Even after the F cafeteria’s business registration name was changed to Defendant B, G operated the F cafeteria from the time of 2007.

3) Meanwhile, since around 2009, the Plaintiff, a arsenal of Defendant C, was trying to operate the G cafeteria, his mother, and participated in the operation of the F cafeteria. On April 11, 2011, the Plaintiff, a arsenal of Defendant C, prepared to the Defendants a letter stating, “The monthly rent shall be paid to the F cafeteria currently operated by the Plaintiff, and the F cafeteria shall be paid by the end of November 201” (hereinafter “instant letter”).

(B) B. The Plaintiff, along with the I cafeteria, was able to see his hand in the F cafeteria operation in accordance with the letter of this case, and opened the I cafeteria with the trade name “J” in Switzerland around 2012 (hereinafter “I cafeteria”).

(c) The Defendants, around 2012, changed the trade name of F cafeteria from E to D, and up to now, operate F cafeteria using marks containing E.

2) In early 2013, the Plaintiff changed the trade name of the I restaurant from J to K, and operated the I restaurant. D. The Plaintiff’s trademark registration application for the trademark following L and obtained its registration (hereinafter “instant registered trademark”).

). 표장 : 출원일 / 등록일 / 등록번호 : L / M / N 지정 서비스업 : [제43류 레스토랑업, 바서비스업, 뷔페식당업, 스낵바업, 식당체인업, 음식조리대행업, 음식준비조달업, 주점업, 카페업, 카페테리아업,...