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(영문) 서울중앙지방법원 2017.10.25 2016가합558713
도메인 사용금지및이전청구권 부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s trademark registration, etc. 1) is the United States of America (hereinafter “U.S.”).

) The company that is engaged in the business of manufacturing and installing shower and bathing-related products in the Republic of Korea in Japan (the trade name before the modification is He Rightss Glass & MIr Co. (HGMC).

2) On December 26, 1995, the Defendant registered a mark at the US Intellectual Property Office (USPTO, United States Patch and Terae) (No. 194207), but revoked the above registration on September 28, 2002.

3) On August 3, 2010, the Defendant again registered the mark at the aforesaid Patent Trademark Office (No. 3827211). (b) On September 7, 2006, the Plaintiff acquired and owned the domain name of this case through sppp:/www. Sapmes.com, an auction company of the domain name, purchased the domain name of this case at USD 825, and then registered it in the sp-rating case (htp://www.WWS.S.S.) which is the registrar. (c) On June 3, 2016, the Defendant decided to transfer the World Intellectual Property Organization. On June 3, 2016, the Defendant is the World Intellectual Property Organization’s World Intellectual Property Organization for the prompt and orderly resolution of Internet address dispute resolution and the Uniform Internet Organization for Resolution of Disputes.

(2) The registration agency has set up and made the registration agency adopt it.

On September 12, 2016, the arbitration center filed an application for dispute mediation against the plaintiff for the transfer of the domain name of this case. The above arbitration center is similar to that of the defendant's trademark and the domain name of this case to cause confusion, and the plaintiff does not have any rights or legitimate interests with respect to the domain name of this case. Since the plaintiff registered and used the domain name for an unlawful purpose, Article 4 (a) of UDRP is Article 4 (a) of UDRP.

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