logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.03 2015가합111472
상표권침해금지 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff, a North Korean resident, majored in food nutrition studies in North Korea. Since the removal, the Plaintiff, a North Korean resident, was working as a food nutrition doctor’s degree in South Korea, and is working as a food food science researcher in North Korea. The Plaintiff applied for trademark registration of “CD” as indicated in the attached Form and applied for trademark registration of E trademark (hereinafter “instant trademark”).

) the owner of the trademark and the F, an incorporated association (hereinafter referred to as “F”);

2) On July 13, 2012, F opened a “H” (on July 13, 201), and registered its business from July 28, 2015 and operates it as a restaurant.

3) On May 201, the Defendant is the air-conditioning restaurant (hereinafter “instant store”) with the business mark “D” in Sungnam-si, Sungnam-si, Seoul Metropolitan City I around May 201.

(B) From February 1, 2014, the Defendant opened the said store by changing the business marks to “J”. Around 2010, around 2010, the Defendant planned to open a cooling restaurant and was engaged in preparatory work to do so. However, the Plaintiff who contributed to TV broadcast during the next holiday was registered in the F’s cooking process, which was the president of the Plaintiff, around October 2010.

2) At the beginning of 2011, the Defendant sought to allow the Plaintiff to use the trademark of this case filed by the Plaintiff in the restaurant in the air condition restaurant operated by the Defendant (the Defendant asserted to the effect that, around October 2010, the Defendant had already obtained permission to use the trademark of this case from the Plaintiff, but the Defendant planned the name of the air condition restaurant as K “K” even until December 2010. Since February 201, the Defendant suggested that L, who had worked in F, would find the Plaintiff and request the Defendant to use the trademark of this case. The Defendant’s above assertion is without merit.

As the Plaintiff accepted the above request, the Defendant opened the instant store with the trade name “D” around May 201, and “F.” at the instant store.

arrow