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(영문) 서울중앙지방법원 2016.07.21 2015가합557447
상표사용금지 등 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff is a company that operates a graphic design, web design, brand development business (title development), advertising agency, advertising production business, etc., and the Defendant Company is a company that operates food franchising and operating business, various bread production and sales business, etc.

On September 2014, the Plaintiff offered the Defendant Company with the design of each mark indicated in the attached Table 3 (hereinafter referred to as “the mark,” and “the combination of marks”) as the mark to be used as a trademark, to the Defendant Company, by writing “F” as a product name ( brand).

The first mark includes the first and second designs, and the second marks include the third designs and colors, respectively.

The Defendant Company filed an application for trademark registration of the mark No. 1 with G designated goods as “abs, bread, cans, etc.”, and the establishment and registration of the trademark right of H was completed.

Since September 2014, Defendant Company operated stores that sell hydrogen cases, DNA, etc. using F brands and the instant marks.

Defendant C is the representative of the Defendant Company.

Defendant D and E, as franchisees who have concluded each franchise agreement with Defendant Company, also operate stores that sell hydrogen rinks, DNA, etc. using F brands and the marks of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The Plaintiff’s assertion that the “F” brand that the Plaintiff made against the Defendant is a literary work. The design of this case that the Plaintiff designed and offered to the Defendant is an applied art work, and the Plaintiff is the copyright holder of each work.

On September 11, 2014, the Plaintiff: (a) entrusted the brand establishment, trademark design service from the Defendant Company; (b) created the F brand and the instant marks; and (c) provided them to the Defendant Company; and (d) the Defendant Company paid all the service costs to the Plaintiff.

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