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(영문) 서울중앙지방법원 2020.12.11 2019가합560229
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 as well as annual 5% from October 3, 2019 to December 11, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company established on January 15, 2015 and providing translation and interpretation services in the technical field (hereinafter “C”).

2) From January 201, 2001, the Defendant provided Internet translation and interpretation services with respect to the technical field in the trade name of “D”. However, from December 3, 2015, the Defendant provided Internet translation and interpretation services with respect to the technical field in the trade name of “E”.

B. The Plaintiff is a trademark holder of the following registered trademark (hereinafter “instant registered trademark”); C is a non-exclusive licensee who uses the instant registered trademark by means of indicating the instant registered trademark in the company’s official document, introduction document, etc.

1) Date/registration date/registration number: F/ G/H 2: 3) Designated goods or designated services: A trademark right holder of Chapter 41 translation, interpretation service 4): Plaintiff

C. The Defendant’s mark (attached Form) on September 24, 2015 (hereinafter “Defendant mark”) was registered in the server of the above “E” website (I) and used as follows.

Gap evidence 2 No. 4

C. On July 11, 2019, through a legal representative JJ, C sent a letter verifying the content of the instant trademark to the Defendant on July 11, 2019, stating that “The use of a trademark identical or similar to the instant registered trademark, including both online and offline, as a trademark mark or an origin mark of the goods, shall be immediately suspended and the main time shall be avoided. (a) losses incurred by the use of the instant trademark between them, as well as compensation for the legal advisory cost required for the delivery of a warning letter, and (b) the Defendant was served on the Defendant around that time. (b) The Defendant changed the Defendant’s mark indicating “E” on July 24, 2019 to “E” and the Plaintiff’s agent on July 26, 2019.

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