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(영문) 대구지방법원 2019.04.11 2018가단108114
손해배상(지)
Text

1. Defendant C’s KRW 5,00,000 as well as the Plaintiff’s annual rate from March 31, 2018 to April 11, 2019, and the following.

Reasons

1. Facts of recognition;

A. On March 22, 201, the Plaintiff was an incorporated association established on March 2, 201 for the purpose of production, quality improvement, management, sales promotion, etc., the Plaintiff completed the registration of business emblems, G date trademark application, and H date geographical collective mark registration (hereinafter “the instant collective mark”).

B. Defendant B did not directly use the instant collective mark called “F” in the packaging paper of black-may products, and indicated “M” under the name of “K”, “L”, and “M” in the name of the product of Internet shopping mall.

C. Defendant C is a company that runs the wholesale and retail business of health-subsidized foods with the trade name “N” around 1997; from around 2000 to around 2010, Defendant C received and distributed “F” from the O Farming Cooperative (P) and from around 2010, Defendant D supplied and sold “P” from P as its representative.

From around 2010, Defendant D produced Q “P” products with the trade name “P” and sold them to intermediate distributors including Defendant C.

E. Defendant B and D used black may products produced from R’s “R” located in Gyeongnam-si, Yangsan-si, using Masan-si.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 3 to 6, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. The Plaintiff’s assertion 1 of the instant collective mark can only be used only for black straw goods manufactured, produced, and processed in the Gyeongbuk-gun. Defendant B is an online shopping mall even if the applicant is not the licensee of the said collective mark, even though the applicant is a person who handles black straw goods manufactured, produced, and processed in the R “R” located in the Gyeongnam-si, Chungcheongnamnam-si.

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