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(영문) 서울고등법원 2013.10.17 2013나26816
디자인권침해금지 등
Text

1. Revocation of the first instance judgment.

2. The defendant,

(a) manufacture, transfer, lease each product listed in Appendix 1 List 1 paragraph 1;

Reasons

1. The facts of recognition are: (a) as a corporation in the United States of America, the main purpose of which is to develop and sell a variety of drugs, including Biagra (hereinafter “Viagra”); (b) non-Agra (hereinafter “non-Agra”); and (c) the marks listed in the separate sheet No. 2, which combines the cardio-cerebral and the drugs for treating sexual disorder into three-dimensional shapes as designated goods; and (d) the registration was completed on February 17, 2005, following the decision of registration on February 5, 2005.

[Registration Number Nos. 608773, (three-dimensional trademark, color trademark), and hereinafter “Plaintiff’s registered trademark”). The Plaintiff Korea-Japan Interest Daehan Co., Ltd. (hereinafter “Plaintiff-Korea-Uratized Interest Dial Co., Ltd.”) is a subsidiary company in Korea located in the Plaintiff, pro-Vz, and is exclusively importing and selling the drugs produced by Plaintiff Crat and pro-Vz from around 1998.

As indicated in attached Table 1 List 1, the Defendant produced, sold, and advertised “50 milligrams” (hereinafter “Defendant 1”) and “100 milligrams of the arms” (hereinafter “Defendant 2”) as indicated in attached Table 1 List 1 (hereinafter “Defendant 1’s products”) on May 18, 2012.

[Ground of recognition] The fact that there is no dispute, Gap's Nos. 4-7, 28, Eul's No. 1, 2, and 15 (including the number of each issue; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Defendant’s act of manufacturing, selling, advertising, etc. the Defendant’s products, which are similar to the Plaintiff’s registered trademark and the overall appearance of the Plaintiff’s trademark, constitutes infringement on the Plaintiff’s registered trademark right.

B. The plaintiffs' form of "Non-Agra product" (hereinafter "the plaintiff's product form") is a well-known and well-known product mark indicating the plaintiffs' product itself, and the defendant is such product.

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