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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
(a) The first registered trademark: The date of filing of the plaintiff: the registration number / the registration number: the designated goods on November 19, 2009/ 19/ 085976: The number of mineral water (excluding medical use), the number of living things produced from broadband (excluding the date of medical treatment), and the scheduled date of expiration of the term of artificial mineral power (excluding the date of medical use): The date of April 6, 2021: The date of filing of the plaintiff/registration number / the date of 8,000 or less: the date of filing of the second registered trademark on April 13, 201: the date of filing of the registered trademark on April 25, 2009/10 or more: The date of filing of the registered trademark on April 13, 2011/6: The scheduled date of filing of the registered trademark on April 13, 2013/10: The date of filing of the registered trademark on March 13, 2014>
Plaintiff
In March 2010, the Plaintiff used the mark such as the right picture to the water-related products sold from March 2010.
(hereinafter “Plaintiff-Use Marks”). (c)
The defendant has used the mark such as the right picture to the water product sold from around 2014.
(hereinafter “Defendant’s mark”). 【No dispute exists, Party A’s evidence Nos. 5-9, Party B’s evidence Nos. 2, 4, 23, and 24, or the purport of the entire pleadings and arguments.
2. The Defendant’s mark, which is the cause of the instant claim, is similar to the Plaintiff’s registered trademark and is widely recognized as the Plaintiff’s product mark in Korea.
Therefore, the defendant used the defendant's living product to infringe the plaintiff's trademark right on the plaintiff's registered trademark, and used a mark similar to the plaintiff's goods widely known in Korea.