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(영문) 서울중앙지방법원 2015.07.17 2014가합545058
서비스표권침해금지 등
Text

1. Each part of the instant lawsuit regarding the claim for prohibition of marking against “other goods” shall be dismissed.

2. Defendants B, C, and E shall:

Reasons

1. Facts of recognition;

A. The Plaintiff’s status and the right to registered service mark 1 of this case were established on April 8, 1998 for the purpose of the operation of a private teaching institute and the business related to a private teaching institute, etc., and the Plaintiff changed the trade name from H to A corporation on October 1, 2010. 2) The Plaintiff registered the service mark (hereinafter “instant 1 service mark”) as indicated in attached Table 1.1 of the J date, and registered the instant 1 service mark by transfer from K date I (hereinafter “instant 1 service mark”). The Plaintiff transferred part of the right to the instant 1 service mark to L date and transferred part of the right to the instant 1 service mark to M and shared the instant 1 service mark.

3) The Plaintiff, together with M, is the service mark (hereinafter “instant No. 2 service mark”) as indicated in attached Form 1.2 of the New Date. The Plaintiff is “instant registered service mark” along with the instant No. 1 service mark.

(B) After filing an application, M and the instant second service mark are jointly owned by registering the date as indicated in attached Form 1.2. F (hereinafter “P”) is a private teaching institute for school curriculum with accommodation facilities located in Q in Isacheon-si. Since January 1, 201, each of the marks listed in attached Form 2 is used in the Internet web page, etc. and a private teaching institute is operated.

(hereinafter “P mark”. Accordingly, on November 22, 2010, the Plaintiff sent content certification to Defendant B, who used the instant registered service mark without the Plaintiff’s permission, thereby infringing on the Plaintiff’s service mark right.

2) R (hereinafter “G”) and “each of the instant private teaching institutes” with the aforesaid P.

) A private teaching institute for school curriculum, teaching, and entrance in Gyeonggi-gu S, which is located in Gyeonggi-si S, operated as a change of trade name in “T” around 2013, and each of the marks listed in attached Table 3 (hereinafter “G marks”) at Internet web pages, etc., and “the case in addition to P package.”

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