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(영문) 의정부지방법원고양지원 2014.07.09 2013가합9697
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. At the time of December 2008, the Plaintiff entered into a contract with the Switzerland Trade Co., Ltd., which was an exclusive licensee of the trademark “SWS MILTRALY” (SWS, hereinafter referred to as “SIS”) (trademark number No. 066526), to grant a non-exclusive license for the Switzerland trademark, and manufactured and sold bags on the shoulder of attaching a non-exclusive license for the Switzerland trademark within the Republic of Korea upon obtaining a non-exclusive license for the Switzerland trademark.

B. On June 3, 2010, UNM trade waived the exclusive license for the use of the Switzerland trademark.

C. On December 29, 2010, Defendant Chyst Co., Ltd. (hereinafter “Chyst”) entered into an exclusive license agreement with the Swiss company, which is a trademark holder of the Shystler trademark, on December 29, 2010, to allow Defendant Chystler to use the Systler trademark within the Republic of Korea from December 29, 2010 to December 28, 2013.

The Plaintiff: (a) was equipped with a string as far as possible at the front body of a long-term type; (b) was designed to have a string of a design that can be worn by easily and easily changing it by typing the string, typing the string, typing the string, etc., depending on the control location of the trings attached to the strings; and (c) filed an application for design registration with the Korean Intellectual Property Office on December 30, 2010; and (d) on November 30, 2011, the instant design was registered in the design registration ledger.

마. 원고는 2010. 12월경 한국교직원공제회(한국교직원공제회는 2011년도 신규회원가입 축하 기념품으로 숄더백 3만개를 공개입찰 방식으로 구입할 계획이었다)에 이 사건 디자인으로 만든 가방(모델명 0402BK, 이하 ‘이 사건 가방’이라고 한다)을 샘플로 제공하였다.

(f) the Korean Teachers' Credit Union shall adopt the instant provisional injunction.

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