손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company whose purpose is to distribute petroleum products by proxy and sell, transport, and store, and the Defendant is to operate a gas station with the trade name “C gas station” from May 3, 2010 (hereinafter “instant gas station”).
B. On June 1, 2010, the Plaintiff and the Defendant entered into a basic contract on the use and sale of petroleum products trademark (hereinafter “instant contract”). The main contents of the instant contract are as follows. The Defendant is D Co., Ltd. (hereinafter “D”).
(1) The Plaintiff wishes to respect the value as intangible property rights with the trademark, to use it, and to carry on the business of petroleum products, and the Plaintiff shall smoothly supply petroleum products to the Defendant. Article 2 (Rights and Obligations (1) The Defendant considers that selling petroleum products using D’s trademark would promote as much as possible the benefits of the Defendant, and requests D to use the trademark, and D shall grant the Defendant the right to use the trademark for the Defendant’s business activities.
2. In order to support the defendant's smooth business activities using the trademark under the preceding paragraph, D and the plaintiff shall grant the following rights, and the details thereof shall be subject to separate agreements between Chapter 3 of this Agreement and the parties:
1. A right to be supplied with petroleum products;
4. D’s right to use the information system and the system, etc. developed by D for gas stations. ③ The Defendant respect the value as intangible property rights of D’s trademark and is granted the right to use a trademark from D under mutual trust, so that the value of the trademark can be delivered evenly to consumers and shall not engage in any conduct that may impair trademark values.
(4) The defendant's trade with the seller, such as the stable supply capacity of the product, the seller's high customer image, etc., constitutes a substantial benefit to himself/herself.