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(영문) 서울중앙지방법원 2020.06.05 2018가합550034

상표권전용사용권말소 등 청구의 소

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1. The plaintiff's lawsuit against the defendant C is dismissed.

2. The plaintiff's claim against defendant B.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the business of receiving and selling clothes, and manufacturing and selling them, and Defendant B is a company engaged in wholesale and retail business of industrial products.

On January 10, 2018, the Plaintiff entered into a contract for exclusive use of the trademark (hereinafter “instant contract”) with Defendant B, a trademark holder of the trademark indicated in the attached Form (hereinafter “instant trademark”), and the main contents thereof are as follows.

Article 3 (Items Using Trademark)

1. Items where the Plaintiff uses the trademark of this case are different from the agreement with the Defendant B.

1) South and North women (including oil and children) clothing, Dogwa 2) South and inn (including oil and children), 3) South and inn (excluding glass, white leaves), nives (including children and children), 4) nives (other than glass, glass and children), liquid glass (excluding glass), 5) Librus (brus), glass (excluding glass and glass), 6) golf-related products products group suitable for the brand image of cosmetics products, and proceed after consultation with the head office.

2. In addition to the items on which the plaintiff may use the trademark, a written agreement with the defendant B shall apply.

3. The Plaintiff and Defendant B shall cooperate with each other on marketing and public relations for items produced and sold.

Article 4 【Scope of Business】

1.The area of the plaintiff's business activities under this Agreement shall be determined by the Republic of Korea and shall proceed after consultation with respect to the withdrawal from abroad.

2. Defendant B shall grant the Plaintiff the right to sell goods bearing the above trademark to home shopping sales and online and offline sales.

Export will run under prior consultation with Defendant B.

3. If the plaintiff intends to operate his business in a manner other than that mentioned in paragraph (1), he must obtain prior written consent from the defendant B.

Article 5 (Price for Use of Trademark)

1. In return for the use of the trademark of this case, the Plaintiff must pay in cash to Defendant B as follows:

1. The trademark user fee is a condition annually paid to Defendant B, and the trademark user fee.