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(영문) 서울중앙지방법원 2016.05.19 2015가합13732

부정경쟁행위중지 등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The term “NF” in each of the above trademarks, including “NF Symna,” “NF Symna,” “NF Symna,” “NF Symna,” “NF Symna,” “NF Symna,” “NF Symna,” “NF Symna,” “NF Symna,” “NF Symna,” “NF Symna,” “NF Symna,” “NF Fymna,” “NF Fymna,” combined with “N” and combined with “N” as designated goods, or added the word “Nural and Fymna,” under its diagrams, or the part in this case is short, without any connection with the issues or conclusions of this case.

The application and registration of trademarks (hereinafter collectively referred to as “instant trademarks”) have been completed.

On January 9, 2013, the Defendant: (a) purchased effective resources, such as the trademark right on the instant trademarks, and design right 60 cases, including the trademark right on the instant trademarks, from January 1, 2013 to December 31, 2013; (b) obtained permission for the use of the trademark designated as “out the Republic of Korea” on the goods to be used; and (c) manufactured and sold ice cream as indicated in the “Classification” column in attached Table 1 using the instant trademarks, using the instant trademarks. However, Filid Resources was bankrupt; (d) purchased the trademark right on the instant trademarks, etc., and completed the registration of the transfer of 60 trademarks, including the design right on the instant trademarks, by designating the trademark right on March 1, 2014 from Pakistan to the “out the period of use of the instant trademarks,” and the “out the period of use of the prior brand products,” and the “out the period of use of the Plaintiff’s prior brand products,” 2014.

The Plaintiff from April 2014 to April 2014, shall use the trademark of this case and set forth in attached Table 2.