도메인이름 말소의무 부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is an auditor of C Co., Ltd. (hereinafter “C”) (hereinafter “D”), which is a primary-level business company operated by his father, and a person who creates and operates the Internet raft, “E”, around July 9, 2013.
B. D on April 14, 2010, registered the domain name “B” (hereinafter “the domain name of this case”) and on December 24, 2013, the Plaintiff acquired ownership and possessed it so far.
C. Since the Defendant commenced the first service in Japan around June 23, 201 as a subsidiary of NAV Co., Ltd., the Defendant offered LINE (D) service at home and abroad, which is a mobile service, and has the trademark right as to LINE (D) trademark and similar trademarks offered by the Defendant from April 2014 as indicated in the attached Form.
On January 14, 2015, the Defendant filed an application with the Plaintiff for dispute mediation to the effect that “the cancellation of the domain name of this case” was “the Internet Address Dispute Resolution Committee,” and on April 21, 2015, the Internet Address Dispute Resolution Committee decided against the Plaintiff that “the registration, possession, or use of the domain name of this case was for the purpose of hindering the registration, possession, or use of the domain name of this case or obtaining unjust profits from sale, etc. to third parties, such as the Defendant.”
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 7, the purport of the whole pleadings
2. The purport of the Plaintiff’s assertion is that the Defendant registered prior to rendering LINE service, and continued to use the domain name of this case to the address of D and E, which is the next-way-related business entity, and that the Plaintiff distributed the domain name of this case to another website is the Plaintiff’s convenience or necessity.