손해배상(지)
1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The service mark (1) C applied for registration under C was registered under the following service marks (hereinafter “the previous service mark of this case”) on June 28, 2001 when it had registered its business in the name of “D” and engaged in advertisement publishing business. On June 28, 2001, the service mark (hereinafter “former D”) established Company D (hereinafter “former D”) for the purpose of producing advertising materials related to the food service business and took office as its representative director.
/ The filing date/registration decision date/registration date/registration number: F/G/H marks: The designated service business: Advertising design business, advertising material lending business, promotional agency business, advertising promotional activities, advertising planning business, advertising agency business, advertising material business, photography business, photograph-making business, publication advertisement business (2) the previous service mark of this case expired on June 8, 2010, and the fact was registered on the service mark register on January 7, 201.
Meanwhile, the registration of the “D” described in the foregoing paragraph (1) was cancelled as of October 31, 201, and the former D was a dormant company for which five years passed after September 22, 201, which was the last registration date, and the Minister of the National Court Administration publicly announced on October 4, 2016, that “it is required to report that it has not yet been closed to the court having jurisdiction over the location of the head office” as the official gazette, despite the fact that the former D did not file the said report within two months from the date of the said public notice, and was dissolved pursuant to Article 520-2 (1) of the Commercial Act as of December 5, 2016.
B. A service mark (1) registered by the Plaintiff was registered under the trade name “J” from January 23, 2006, and the Plaintiff filed an application for the following service marks (hereinafter “instant service mark”) while engaging in the relevant business.
Date/Date of decision of registration/registration date/registration date/registration number: M/N/P marks on August 8, 2013: Designated service: Chapter 35.