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(영문) 특허법원 2019.07.19 2018나1817

서비스표권침해금지 및 손해배상

Text

1. Any claims that have been changed in exchange for another court, additional claims, and claims that have been reduced or expanded by the court.

Reasons

1. Each description, image, and the purport of the whole pleadings of evidence Nos. 1, 2, 10, 20, 23, 29, 29 through 70, Eul evidence Nos. 1, 2, 7, 11 (including branch numbers; hereinafter the same shall apply) based on the premise fact finding;

A. The Plaintiff, from October 2007 to October 1, 2007, was engaged in driving agency business using the mark of “C” and the phone number of “D,” and completed the business registration under the name of “C” in the name of “C” on June 24, 2008. After the closure of the business registration, the Plaintiff was registered again as the trade name of “C”, “M” as the business operator, and “M” as the date of commencement of business. (2) The Defendant was engaged in driving agency business from the 2002, as the “G, etc.” from the 2002 city to the “G, etc.”

B. The Plaintiff’s service mark right has the following service mark right:

(hereinafter “instant registered service mark” and “instant registered service mark right” (hereinafter “instant registered service mark right”). (1) Date of application/registration/registration date/registration number: L/E/F2): Designated service business: Driving agency business of Category 39, agency business of Category 39, agency business of proxy driving business.

C. From around 2010 to 2010, the Defendant, while engaging in driving agency business using the trade name “C” and “H’s telephone number, displayed each mark indicated in the attached list 1 and 2 on signboards, name cards, advertising complexes, truck advertising materials, etc., and advertised driving agency business.

(hereinafter referred to as "each of the marks listed in paragraph (1) of this case" in addition to each of the marks listed in paragraph (2) of the attached Table, and "each of the marks listed in paragraph (2) of this case" in addition to each of the marks listed in paragraph (2) of the attached Table, "each of the marks listed in paragraph (2) of this case", "the mark listed in paragraph (1) of the attached Table 1-A of this case", and "the mark listed in paragraph (1) of this case"

Defendant.