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(영문) 서울중앙지방법원 2019.09.25 2018가합525236
저작권침해정지 등
Text

1. The Defendants:

A. Joint ventures with the Plaintiff KRW 5,00,000 and its amount shall be from December 15, 2018 to September 25, 2019.

Reasons

1. Facts of recognition;

A. On October 6, 2005, the Plaintiff published the design in attached Form 1 (hereinafter “design 1”) produced by the Plaintiff on D (E; hereinafter “instant site”) which is a website it operates, around October 6, 2005.

B. Defendant B (hereinafter “Defendant Company”) is a corporation operating restaurant franchise business, etc. with brands, such as “F” and “G,” and Defendant C is its representative. From May 2016 to May 1, the Defendants used the design as indicated in attached Table 2 (hereinafter “B design”) as F’s brand business mark, and applied for the design as of H date. Defendant B’s Do design No. 2 design as well as Defendant C’s 3 design on June 14, 2017 to August 8, 2017. The Plaintiff used the 2 design design to the Defendants from around 14, 2017 to August 2, 2017 to the effect that the Defendants’ act of using the 3 design constitutes the Plaintiff’s copyright infringement. However, the Defendants continued to use the 2 design design and the 20 design Seoul District Court’s indictment as to Defendant C’s act of using the Defendants’ design on August 31, 2017.

[Ground of recognition] The fact that there has been no dispute, Gap's statement or video (including a serial number) of Gap's No. 110 and 12, the purport of the whole pleadings

2. The Defendants asserted the Plaintiff’s assertion using the Plaintiff’s draft No. 2 and 3 design similar to the Plaintiff’s draft No. 1 design as the Defendant Company’s business mark, and filing and registering the draft No. 2 as the trademark.

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