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(영문) 서울중앙지방법원 2016.11.17 2016가합526921
표장사용금지 등
Text

1. The defendant,

(a) selling, transferring, and transferring each product listed in the separate sheet (2) using each mark listed in the separate sheet (1).

Reasons

1. Basic facts

A. The Plaintiff as a party is a company engaged in manufacturing and wholesale and retail business of cosmetics, pharmaceutical products, etc., and the following B.

The registered trademark under paragraph (1) (hereinafter referred to as "Plaintiff trademark") is used to sell the settlement, etc. of women's office.

The defendant is a company that manufactures and sells cosmetics, drugs, and non-pharmaceutical drugs, and is a trademark right holder of registered trademark "(registration number No. 906625).

Marks: Date of application / Registration Date / Registration Number: Designated goods on October 7, 2009 / Designated on May 8, 2012: (Class 5) Quality and Foreign Reconciliation, payment in the Republic of Korea, Self-Governing Justice, Self-Governing Justice, Supreme Court en banc Decision 2009Da479 decided May 8, 2012; (3) Quality and Foreign Recognition; (4) Quality and Foreign Recognition; (4) Quality and Foreign Recognition; (5) Quality and Foreign Recognition; (5) Quality and Foreign Recognition;

B. The Plaintiff trademark

C. The Defendant’s mark and products using the Defendant’s trademark are advertised using each mark listed in the Defendant’s Internet homepage (htp:/www. Supportas.co.co.r.) and the attached Form (2) (hereinafter “Defendant’s product”) as indicated in the Defendant’s Internet homepage (htp) and online shopping mall, and advertising the Defendant’s product using each mark listed in the registered trademark and the attached Form (1) (hereinafter “Defendant mark”).

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 through 3 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Main claim;

A. According to the facts of the same and similar nature of the mark and the designated goods, the Plaintiff’s trademark and the Defendant’s mark are identical or similar to the concept of the name of its appearance, and the designated goods of the Plaintiff’s trademark are also identical or similar to the designated goods of the Defendant. 2) In order to constitute an infringement of trademark rights, in order to use a trademark as a trademark, the mark is not sufficient merely on the product or advertisement, and it is used in the form of performing functions as a mark to identify the goods of the Plaintiff’s trademark, and thus creating a possibility of causing confusion for consumers of the goods to be mistaken for the goods

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