beta
(영문) 대전지방법원 2015.10.13 2014가단29732

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C filed an application for the service mark listed in paragraph (1) of the attached Table D List (hereinafter “instant registered service mark”) and completed the registration thereof, and used the trade name “G” as its representative and the instant registered service mark as its business mark, and entered into a franchise store agreement with the owner of the store in Seoul, Daejeon, etc. and closed the business of the said franchise store around December 31, 2012.

B. The Plaintiff operated the “G Daejeon store” (hereinafter “instant one store”), and transferred all business rights to the said store to H on March 5, 2012, and H concluded a “G” franchise agreement with F on the same day and transferred all the business related to the said store to the Defendant on April 1, 2014 while operating the said store.

C. On January 30, 2012, I entered into a franchise agreement with F and “G” stores, and operated “G Daejeon store” (hereinafter “instant two stores”) and transferred all the business relating to the said store to the Defendant on January 14, 2014.

(hereinafter referred to as “each of the instant stores”) D in total.

On January 13, 2014, the Plaintiff completed the registration of transfer of rights on the instant registered service mark.

E. As above, the Defendant: (a) took over the entire business of each of the instant stores; (b) completed the business registration with the trade name as “G”; and (c) completed the business registration with the category as “services”; and (d) operated each of the said stores using the marks listed in attached Table No. 2 (hereinafter “instant marks”) as business marks; (b) reported the said business registration to “J” on June 18, 2014; and (c) changed the said business name to “J” on June 23, 2014.

F. On the other hand, the Defendant against the Plaintiff on July 30, 2014, and the mark of this case is “masts business, geotension business, and massage place business,” which is the designated service business of the registered service mark of this case, as “masts management business.”