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(영문) 서울중앙지방법원 2014.06.27 2013가합62273
손해배상(지)
Text

1. Defendant B Co., Ltd.:

(a) cosmetic products or their packaging paper, each mark listed in the separate sheet 1 and 2;

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a trademark right holder who has filed an application for registration of each of the marks listed in the separate sheet 1 (hereinafter referred to as “instant No. 1 trademark”; the remaining marks are referred to as “the instant trademarks”; and each of the above marks is referred to as “each of the instant trademarks” and received registration decision.

However, Defendant B (hereinafter “Defendant B”) was selling and selling each of the marks listed in the separate sheet No. 2, which are identical or similar to each of the trademarks in this case, as indicated in the separate sheet No. 1, and the remaining marks are referred to as “the trademarks of this case 1,” and each of the above marks is referred to as “each of the trademarks of this case,” and the trademarks No. 1, 2 of this case and the first used trademarks of this case are combined with the trademarks No. 1, and each of the trademarks of this case. In addition, Defendant B (hereinafter “Defendant B”) was selling and selling them by displaying each of the marks on the cosmetics products, such as mold, mar, mar, cream, ice, hump, BB C, and Handbck, and infringed the Plaintiff’s trademark rights as to each of the trademarks of this case by allowing Defendant C Co., Ltd. (hereinafter “Defendant C”) to manufacture and sell cosmetics products with the trademarks of this case.

B. Therefore, pursuant to Article 65(1) and (2) of the Trademark Act, the defendants shall not use each of the trademarks of this case and similar trademarks for cosmetics products or their packaging sites, packaging containers, packing containers and advertising advertisements, or produce, sell, distribute, distribute, transfer cosmetics products using each of the above marks, or exhibit, export or import them for such purposes. The defendants shall not respectively destroy finished products, semi-finished products, packaging sites, packing containers, packaging containers, advertising advertisements and seals of each of the above products kept in their respective offices, factories, warehouses, places of business and stores.

C. In addition, the Defendants jointly and severally committed the infringement of trademark rights, and the Plaintiff suffered the infringement.

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