beta
(영문) 서울남부지방법원 2016.04.14 2015가합101895

손해배상(기)

Text

1. The defendant shall operate one Council member, manufacture herb drugs and provide herb medicine services, and advertise and publicize them.

Reasons

Basic Facts

On August 23, 2003, the Plaintiff is an oriental medical doctor who opened and operates the Plaintiff’s status and service mark right as one member of the trade name “D” in Bupyeong-gu, Busan Metropolitan City.

The Plaintiff is registered and owned with the following service mark rights (hereinafter “Plaintiff’s service mark rights”).

On July 27, 1998, the registration number of the date of expiry of the registration of the service mark application date E, the F-designated service hospital business, physical therapy business, spine pressure business, medical treatment business, oriental medicine research business, G H designated service business on March 27, 2017, and I, the Defendant’s actual representative using the Defendant’s service mark of Sarisi service business on May 21, 198, established the Defendant’s Foundation on January 4, 2011, after having established and operated the Korea Council under the name of “J” on May 21, 1986, with the permission for establishment of a medical corporation on December 20, 2010. < Amended by Act No. 10217, Apr. 30, 2017>

On February 1, 2011, the Defendant registered the name of a legal entity as “L,” and registered the business under the above paragraph (1) and operates one mutually called “J” at the 3rd instances, such as the 7th floor of the N building located in Busan Shipping Daegu M and the 9th floor of the P building located in Busan Dong-gu. The Defendant, like the indication of the attached service mark, uses the service mark “P, R, S, S,” which includes the name of “S,” “S,” “S,” and “V, etc., while providing Chinese medicine services”. The Defendant used the service mark as seen above, which contains the Plaintiff’s right to use the Plaintiff’s registered service mark number No. 1 through No. 6, No. 1 through No. 1331, Dec. 1, 201, using the Plaintiff’s registered service mark No. 1 and No. 1 to No. 31, Dec. 1, 2013.