손해배상금
1. The part concerning the claim for penalty in the lawsuit of this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Basic facts
A. The Plaintiff is entitled to each of the registered trademarks listed in the separate sheet No. 1 (hereinafter “each of the instant registered trademarks”).
2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company with the purpose of manufacturing and wholesale and retail business, such as clothes, bags, maliciouss, and miscellaneouss, and Defendant C is the representative director of Defendant B.
B. 1) The Defendants are indicated on the Internet in the attached list 2 (hereinafter “Defendant mark”) via the Internet.
(ii) the Plaintiff and the Defendants have sold clothing products, such as spacers, armores, and hats, to which they were attached. (ii) A dispute arose between the Plaintiff and the Defendants as to whether the Defendant mark is identical or similar to each of the instant registered trademarks, etc., and the Plaintiff and the Defendants filed an application for conciliation with the Industrial Property
3) On September 28, 2017, following the mediation procedure conducted by the Industrial Property Rights Dispute Mediation Committee, a mediation protocol under which the Plaintiff and the Defendants agreed to and agreed to implement the mediation agreement (hereinafter “instant mediation protocol”) and the parties agreed to do so shall be deemed “instant mediation”.
was drawn up.
Protocol of Dispute Mediation of Industrial Property Rights
1. Application number: D;
2. Object of mediation: 11 cases, such as each of the registered trademarks in this case;
3. Applicant: The plaintiff;
4. Respondent: Defendants
5. A proposal for conciliation: Details of the completion of conciliation by lottery.
1. The Defendants shall not use, use, transfer, lease, import, or subscribe for the transfer or lease (including display for transfer or lease) the Defendant mark which infringes on each of the instant registered trademarks, etc. in the future on the designated goods in question, or use, mark, or attach, mark, or attach to the attached goods.
2. The penalty of KRW 100,000 shall be paid to the Plaintiff when the Defendants breached paragraph 1.
3. The Defendants shall sell and advertise the products bearing the Defendant mark to the collaborative companies in a contractual relationship with respect to the sale of the products in relation to the instant case.