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(영문) 서울중앙지방법원 2015.12.16 2014가합595503

상호말소 등 청구의 소

Text

1. Defendant B Co., Ltd.:

(a) not use the trade name “B”;

B. B’s trade name.

Reasons

1. Facts of recognition;

A. The Plaintiff’s trade name registration and service mark right 1) The Plaintiff is a “stock company A” (hereinafter “Plaintiff’s trade name”) in Seoul Special Metropolitan City on November 5, 2013.

(2) On the other hand, the Plaintiff is the holder of each service mark (hereinafter referred to as the “Plaintiff’s respective service marks”) under the following subparagraphs. A) service mark 1 (hereinafter referred to as “Plaintiff’s 1 service mark”).

- The mark: Registration number - filing date / the date of application / the date of registration: F/ G / the designated service business: service mark 2 (hereinafter “Plaintiff’s second service mark”): Registration number / filing date / the date of registration / the date of registration : I/ G/ H - the designated service business: service mark 3 (hereinafter “Plaintiff’s third service mark”) (hereinafter “Plaintiff’s third service mark”).

- Marks: Registration number - Date of application / Date of registration / Date of registration: J/ G/K - Designated service business: Category 36 (Financial Goods Brokerage, etc.)

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the Defendants Company (hereinafter “Defendant Company”).

(2) On March 25, 2014, the Defendant Company: (a) was incorporated under the trade name of “L Co., Ltd.”; (b) was engaged in investment consulting business, real estate trade, lease, and consulting business in Busan Metropolitan City; and (c) changed its trade name to “M Co., Ltd.”; (d) on December 11, 2012, the Defendant Company added non-performing loans (NPL) and auction practical education service business, and non-performing loan brokerage business, etc. to its business purpose on May 21, 2013; (c) changed its trade name to “B Co., Ltd.” (hereinafter “instant trade name”); and (d) completed the registration of change of its trade name as of March 25, 2014.

3) On the other hand, the Defendant Company’s marks indicated in [Attachment 2 and 3] of [Attachment 2] List 2 and 3 (hereinafter “Attachment 1”) are “the first implementation mark.”