1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 원고의 등록상표(이하 ‘이 사건 상표’라 한다)는 아래와 같다. 가) 출원일: D / 등록일: E / 등록번호: F 나) 구성: 다) 지정상품: 제33류(고량주, 과실주, 과일함유 알코올음료, 복분자주, 브랜디, 소주, 소주 및 리큐어, 쌀로 빚은 술, 알코올성 음료(액주는 제외), 약용주, 약주, 와인 및 리큐어, 위스키, 증류식 소주, 증류주, 칵테일, 포도주, 알콜성 과일엑기스

B. The Defendant, as a company engaged in liquor export and import business and liquor wholesale business, imported and sold the name of “G” (hereinafter “G”) and “H (hereinafter “H”) using the mark of “C” from around 2016 to “Spanish manufacturer” (hereinafter “Spanish manufacturer”). Meanwhile, from around 2014, the Spanish company has used the mark of “C” as a product manufactured by it, and produced various kinds of products with the mark of “C”, “H” and “J”, “C, other than those imported and sold by the Plaintiff,” and, not only Spanish but also foreign countries, including China and Japan.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 through 3, 5 through 17 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) The Defendant imported and sold liquor products with the trademark of this case from October 27, 2016 to February 14, 2017, and from July 20, 2018 to July 20, 2018. This constitutes direct infringement of the trademark of this case or indirect infringement falling under Article 108(1)1, 2, and 4 of the Trademark Act. Also, since the Plaintiff registered the trademark of this case, the trademark of this case was already registered in relation to the Defendant’s trademark infringement pursuant to Article 112 of the Trademark Act.