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(영문) 특허법원 2020.05.22 2019나1821
손해배상(지)
Text

The remainder of the judgment of the court of first instance, excluding the claim of prohibition against Defendant C and D, is modified as follows.

Reasons

1. Basic facts

A. The Plaintiff’s registered trademark and non-exclusive license are set 1) The Plaintiff’s registered trademark (hereinafter “instant trademark”) as follows:

(A) Registration number / filing date / registration date: G/E/F B marks: (c) designated goods classified into the category of goods: high-type chemical equipment grouped in Category 3, face-to-face boom, bathing bath, water rainn, cosmetic, cosmeticbreten, bretench, calcinium, calcinium, calcinium, calcinium, calcinium, calcinium, calcinium, calcinium, calcinium, calcinium, calcinium, calcinium, and liquid bath, etc.) The Plaintiff established K, and K, from around 200 to April 201, K sold maternity products and cosmetics. In particular, the Plaintiff displayed the trademark of this case on the Plaintiff’s Internet homepage and retail sale of the Plaintiff’s products from around 209 to April 2016 to the date of sale of the Plaintiff’s trademark of this case.

Defendant C and D managed the Defendant Company as a joint representative director after jointly establishing the Defendant Company on October 10, 2014.

2) From October 10, 2014 to November 201, 2016, Defendant Company indicated the Defendant mark on the packaging, contents, advertisements, etc. of the Defendant’s goods using the Defendant, and displayed it for the purpose of transferring or transferring it. 3) Around December 2016, Defendant Company changed the name of the goods using the Defendant from “J” to “E”.

However, even after that, the Defendant Company continued to sell the inventory of the Defendant’s goods bearing the existing Defendant mark, and the Defendants continued to sell the goods after December 2016 by the said J (including the U) until 2017.

(See 7 pages 27, 2018. 26 March 2018.

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