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(영문) 전주지방법원 2014.05.14 2013가합613

상표권이전등록말소등록

Text

1. The plaintiffs' primary and conjunctive claims against the defendant and the defendant's conjunctive claims against the defendant, respectively.

Reasons

1. Basic facts

A. On August 29, 2006, Plaintiff limited liability company B (former trade name: limited liability company E; hereinafter “Plaintiff company”) operated its business using the registered trademark indicated in the separate sheet from April 4, 2006, under the name of Plaintiff A, a representative director, as a company established for the purpose of manufacturing and wholesale and retailing traditional medicinal herbs, traditional spathing, health fermentation beverages, and wholesale and retail business.

B. On September 5, 2011, the Plaintiff Company entered into a partnership agreement with the Plaintiff Company, a joint representative director of the Defendant, and the Plaintiff Company, which, after establishing the Defendant by transferring technology to F and contributing funds to F, signed a partnership agreement with F, the main contents of which are the joint operation of the Defendant (hereinafter “instant partnership agreement”).

C. On December 8, 2011, the Plaintiffs transferred the right to exclusive use of the registered trademark indicated in the separate sheet (hereinafter “instant trademark right”) to the Defendant without compensation. The Plaintiffs entered into a contract of transfer, such as the trademark right, etc. that the Plaintiffs intend to transfer to the Defendant the consignment and drug manufacturing business run by using the said trademark (hereinafter “transfer contract of December 8, 201”). On March 27, 2012, the Plaintiffs completed the registration of the transfer of the right for the instant trademark as to the Defendant’s transfer on March 27, 2012 by the Patent Office No. 2012-01585, the Plaintiff Company and the Defendant concluded the instant trade agreement and the transfer contract of the trademark of December 8, 2011 to the Defendant, and concluded a separate contract with the Plaintiff Company No. 2010 on December 21, 2018 (hereinafter “No. e., the date of the instant transfer contract”).

Article 1 (Purpose) The Defendant’s manufacture technology and the trademark of this case from the Plaintiff Company is complete.