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(영문) 특허법원 2019.09.06 2018나1770

손해배상(기)

Text

The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

after the filing of an appeal.

Reasons

1. Facts of recognition;

A. On January 14, 1993, the Plaintiff and the Defendant are the owner of the instant registered trademark as follows. The Defendant is a corporation established on December 26, 2002 for the purpose of the manufacture, wholesale business, etc. of computers and peripheral devices and devices, and the Defendant is a Korean corporation established on August 4, 1986 for the purpose of the manufacture, wholesale business, etc. of Nopt North Korea and industrial PC, etc. and sold at 6529 all over 120 countries, all over 120 countries, all over the world.

B. Under the instant registered trademark, the registered trademark was extinguished on August 1, 2016 as of January 26, 2016, and the filing date/registration number was “S/T/U”, the composition was “V”, and the Plaintiff newly registered the registered trademark with the designated goods as “S/T/V” as “Fers and their accessories specified in Category 9 of Goods Classification; computer hardware and computer peripheral devices, computer software, landed computer program, accessible computer software display case, mobile telephone-based computer applied software, portable telephone-based computer-based computer application equipment, landed electronic books, landed digital books, landed, landed digital newspapers, tampers, and scoophones, which may be landed,”

(A) The registered trademark of this case in total shall be referred to as "the registered trademark of this case" in subparagraph 18.

1) Date/registration date/registration number: D/E/C2) Former designated goods: Computer in Category 39 of the classification of goods, Hdact disks, computer monitoring, digital monitoring, dyke, computer keyboard, computer-type typesetting device, computer voice typesetting device, television game sets, software, diskettes,

C. Around March 21, 2014, the Defendant issued and sold the model name G g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g