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(영문) 서울중앙지방법원 2015.05.12 2014가단237312

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The status of the party (1) Defendant Baz Asian Co., Ltd. (hereinafter “Defendant 2”) is a registered trademark, the holder of the trademark right, and a company with a domestic exclusive import right as to the organic products of Baz (UK) company that manufactures, sells, and sells organic agricultural and fishery products, such as Badywise (UK).

(2) From July 23, 2007, Defendant Ildong Co., Ltd. (hereinafter “Defendant 1”) obtained domestic monopoly rights to sell physiological products, etc. imported by the said company from Defendant 2 from Defendant 2, and sold them to domestic hospitals, pharmacies, or Internet shopping malls, etc., and the said trademark was continuously used for physiological products, their packaging containers, advertisements, etc. and widely recognized among domestic consumers or traders.

(3) As a trademark right holder of the registered trademark, the Plaintiff, as a trademark right holder C (hereinafter referred to as “C”), established a non-exclusive license for the said trademark.

B. In the process of selling the Defendants’ complaint, etc. (1) C, from May 2012 to September 2012, 2012, through which the trademarks such as “,” and “,” are attached, the Plaintiff’s website introduced the said low-priced product as if the Nonparty Company’s products were identical or similar to the physiological products made by the Nonparty Company, or provided the said data to the Internet distributors, etc., thereby causing confusion on the source of the product.

(2) Accordingly, the Defendants committed an act of causing confusion with the business activities of the non-party company by in collusion with the Plaintiff and C, which is an operator of the non-party company, using a mark identical or similar to the mark indicating the non-party company's business widely known in Korea.