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(영문) 서울중앙지방법원 2017.05.19 2016가합15575

상표전용사용권 침해금지 등

Text

1. The Defendant shall not import, transfer, deliver, or exhibit “import declaration products” as stated in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. On August 8, 2014, the Plaintiff, as to the instant registered trademark, completed the registration of establishment of exclusive license for the following registered trademark from January 1, 2014 to December 31, 2023; and completed the registration of establishment of exclusive license for the transfer of the area to the Republic of Korea.

(2) The mark of this case (hereinafter "the registered trademark of this case") No. 1: The trademark right holder: the filing date / the registration date / the registration number / the designated goods on July 24, 1973 / 31, 1973 / The scheduled date for expiration of the term of validity 5) : the sports ground, the sports line accommodation training clothes, the sports line accommodation and the sports line accommodation temperature, etc. 5: (b) the customs clearance of clothing imported by the defendant on December 31, 2023; (c) the defendant imported the goods as indicated in the attached sheet purchased by the defendant assistant to the head of Incheon Customs Office on May 30, 2016; and (d) the defendant did not permit the plaintiff to file an import declaration with the head of Incheon Customs Office on May 30, 2016 on the goods identical with the registered trademark of this case as stated in the attached sheet.

2) The head of the Incheon Customs Office notified the Plaintiff on July 4, 2016 pursuant to Article 13(1) of the Notice on the Handling of Customs Clearance for Import and Export for the Protection of Intellectual Property Rights on the ground that the attached clothes are likely to infringe on trademark rights. The Plaintiff requested the head of the Incheon Customs Office for the withholding of customs clearance of the attached clothing on July 5, 2016, and the head of the Incheon Customs Office withheld customs clearance of the attached clothing on July 14, 2016 pursuant to Article 239(1) of the Enforcement Decree of the Customs Act. [The fact that there is no dispute over the grounds for recognition, and the purport of the entire pleadings and arguments as to the entry of evidence Nos. 1, 2, 4, 5, and 6

2. According to the facts of determination as to the cause of the claim, clothes listed in the attached Form constitute goods similar to the designated goods of the registered trademark of this case, and the defendant imports the goods indicated in the attached Form with the mark identical to the registered trademark of this case for sale without the plaintiff's permission, an exclusive licensee in the Republic of Korea of the registered trademark of this case.