logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.15 2015가합8129
전용사용권침해금지 등
Text

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 operates the Internet shopping mall (hereinafter “instant shopping mall”), which is a corporation established to engage in clothing, new retail business, liquid sheet retail business, electronic commerce transaction business, etc., and “WWWS.C.C.r.)” (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, from May 19, 2014, the date of the Defendant’s registration of incorporation, until November 24, 2014, when the Plaintiff received a provisional attachment order against the Defendant for the enforcement and preservation of the right to claim damages against the Defendant, the Defendant appears to sell at least a minimum of KRW 19,650,00,000, in full view of all the circumstances, including that the Defendant appears to have earned sales of at least a minimum of KRW 19,650,00,000, the amount of damages suffered by the Plaintiff due to the Defendant’s infringement of trademark rights as above.

E. Therefore, the defendant's purport is stated.

arrow