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(영문) 서울중앙지방법원 2018.05.24 2017가합540214
부정경쟁행위금지 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff et al.’s status and business mark, etc. 1) The Switzerland, the parent company of the Plaintiff, is the Switzerland (Skyline Enis Limited, hereinafter “Skyline Enis”)

)는 1964년 뉴질랜드 퀸즈타운에서 설립되어 곤돌라, 레프팅, 헬기비행기 투어, 카지노, 호텔 등 종합관광사업을 영업으로 하는 회사로서, 1984년 뉴질랜드 로토루아(Rotorua)에 ‘루지’라고 불리는 지형의 고저차를 이용한 무동력 중력추진 주로주행형 놀이시설(이하 ‘이 사건 놀이시설’이라고 한다

Since the establishment of New Zealand, there are two New Zealands, two Canadas, and five Singapores, each of which is to establish and operate the instant play facilities. 2) The Plaintiff is a company that engages in the construction, operation, etc. of the instant play facilities at Tong-si, and uses the name “Skyline Luge” and the right-hand mark (hereinafter referred to as “Plaintiff’s mark”, and the above name and the mark collectively referred to as “Plaintiff’s business mark”).

B. Around July 2017, the Defendant, including the Defendant’s status and business mark, is a company engaging in amusement facility business, etc., and is using the name, “Sluge Wludd” and “Luge Wld” as indicated in the [Attachment 1] List, as well as the name, “Luge Wld” and “Lugege Wld” and “Defendant’s business mark” (hereinafter collectively referred to as “Defendant’s business mark, including each of the above names and marks,) as indicated in the [Attachment 2] list, such as the right side, when installing and operating a luge-powered playing play facility mainly using high-powered high-speed vehicles in the lusp of the lusp of the lusp of the lusp of the lusp of the operation of

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 4, the purport of the whole pleadings and arguments

2. Article 2 subparagraph 1 (b) of the Unfair Competition Prevention Act is applicable to the reasons for violation.

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