표장사용 금지청구
1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:
The plaintiff's claim.
1. Basic facts
A. The plaintiff is a company with the purpose of producing and selling golf products, and the defendant is a company with the purpose of producing and selling golf products.
B. The Plaintiff filed an application for registration of a trademark combining his/her trade name and the word “vid” with respect to his/her golf hole produced by himself/herself, as follows:
1) Date/registration date/registration number: C/D/E2: Designated goods: Type 28 (18 cases, such as golf balls): 3:
C. On March 2016, the Plaintiff: (a) sent a golf luminous mp-type mine (hereinafter “instant product”); and (b) ordered the Plaintiff to “vid” mort.
The Plaintiff indicated his trade name at the center of the instant product packaging boxes, as shown in the [Attachment 2] photo, and indicated the “vidd” in the middle size below.
With respect to a golf hole it produces, the Defendant applied for registration of a trademark combining the word "vid" with a part of his trade name as follows:
1) Date/registration date/registration number: F/G/H2: Designated goods: Type 28 (20 cases, such as golf balls): 3:
E. On March 2018, the Defendant launched a golf luminous mar-type mine.
The defendant marked his trade name on the upper part of the above-called golf luminous mixp-type, the upper part of the right side of the golf mp-type, as shown in attached Form 3, and marked his trade name in a letter with a larger vid "vid" at the center of gambling.
[Grounds for recognition] Evidence Nos. 5, 6, 7, Eul's evidence No. 33, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff’s full-type trademark for the golf luminous mix which is produced by the Plaintiff is merely attached to the Plaintiff’s trade name. However, the part “A” is a mere attached to the Plaintiff’s trade name. In practice, the Plaintiff’s trademark is distributed with the name “vid BAL” and “non-fd” in the market. In other words, the mark “vidd” (hereinafter “Fd”), regardless of the size of large characters, letters, and letters, is the trademark of this case.
The Plaintiff’s trade name is separated from “A”.