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(영문) 서울중앙지방법원 2016.01.15 2015가합8136

전용사용권침해금지 등

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1. The defendant shall display each mark listed in the attached Form 1 on a new display, packing material and advertisement, or shall be listed in the attached Form 1.

Reasons

1. Indication of claim;

A. On August 30, 2005, the Plaintiff, a domestic corporation established on August 30, 2005 for the purpose of engaging in trade business, shoes, clothing, miscellaneous import business, etc., importing and selling new products bearing the above trademarks in the status of an exclusive licensee as to trademarks owned by Mycosski, LELC (LLC), a U.S. corporation, and LLC (hereinafter “instant registered trademarks”).

Number of marks / Application Number / Application Number 40-207-44538/207/207 August 22, 2007, No. 40-2007-4540/8 August 22, 2007, No. 40-756434//8 August 8, 2008, the date of registration No. 40-756434/208 of August 8, 2008, exclusive licensee / Plaintiff/Macoki, Plaintiff/Macoki, LelC Plaintiff/Macoki, 25 of the classification of the designated goods of LelC, new shoes of the category No. 25 of the new triggering parts and the goods classification of the goods, parts and accessories thereof, and parts and accessories thereof.

B. The Defendant is a corporation established to conduct clothes, new retail business, electronic commerce business, etc., and is operating the Internet shopping mall called “W.goraler.co.,” (hereinafter “instant shopping mall”).

C. The Defendant imported the instant registered trademarks without authority and sold them through the shopping mall of this case. This constitutes an act of infringing the Plaintiff’s exclusive license on the instant registered trademarks pursuant to Article 66(1) of the Trademark Act.

Furthermore, even based on the sales data provided by the Defendant, the Defendant appears to sell at least KRW 87,823,000 for seven months from April 1, 2014 to October 21, 2014, and then sell at least KRW 87,823,00, the amount of damages suffered by the Plaintiff due to the Defendant’s infringement of trademark rights is at least KRW 10,000.

E. Therefore, the defendant prohibits infringement of trademark rights pursuant to Article 65(1) and (2) of the Trademark Act, such as the written purport of the claim.