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(영문) 서울중앙지방법원 2017.06.16 2016가합21198
상표전용사용권침해금지 등
Text

1. The defendant shall not import, transfer, deliver, or exhibit the products listed in the separate sheet.

2. The defendant.

Reasons

1. Facts of recognition;

A. On August 8, 2014, the Plaintiff, as to the instant registered trademark, completed the registration of establishment of exclusive license for the following registered trademark from January 1, 2014 to December 31, 2023; and completed the registration of establishment of exclusive license for the transfer of the area to the Republic of Korea.

(2) The mark of this case (hereinafter referred to as the "registered trademark of this case"): The trademark right holder: the filing date / the registration date / the registration number / the designated goods on July 24, 1973 / December 31, 1973: the scheduled date for expiration of the term of validity 5) : Pots, Twitts, sports air conditioners, Swets, etc. on December 31, 2023: the Defendant imported the goods listed in the separate sheet and filed an import declaration with the head of Incheon Customs Office on July 28, 2016. The Defendant did not obtain the Plaintiff’s permission for attaching the mark identical to the registered trademark of this case on the goods listed in the separate sheet.

2) The head of the Incheon Customs Office notified the Plaintiff on August 4, 2016, pursuant to Article 13(1) of the Notice on the Handling of Customs Clearance for Import and Export for the Protection of Intellectual Property Rights on the ground that the products listed in the separate sheet are likely to infringe on trademark rights. The Plaintiff requested the head of the Incheon Customs Office to withhold customs clearance of the products listed in the separate sheet on August 11, 2016, and the head of the Incheon Customs Office withheld customs clearance of the products listed in the separate sheet on August 16, 2016 pursuant to Article 239(1) of the Enforcement Decree of the Customs Act on August 16, 2016.

2. According to the fact of determination as to the cause of the claim, products listed in the separate sheet constitute products identical with or similar to the designated goods of the instant registered trademark, and the Defendant imported products listed in the separate sheet with the mark identical to the instant registered trademark without the Plaintiff’s permission, an exclusive licensee of the instant registered trademark, for the purpose of selling them, thereby infringing the Plaintiff’s exclusive license as to the instant registered trademark.

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