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(영문) 부산지방법원 2017.05.31 2016가합40531
서비스표 침해금지등
Text

1. The defendant shall be listed in the attached Table 3 among signboards and propaganda advertisements using marks listed in paragraph (2) of the attached Table 1.

Reasons

1. Basic facts

A. (1) On May 24, 2013, the Plaintiff started a restaurant business under the name of Nonparty C, the name of Nonparty C, and on November 18, 2013, the Plaintiff started a restaurant business under the name of Plaintiff E. On November 18, 2013. (2) While running a franchise business, the Plaintiff filed an application for the following service marks (hereinafter “Plaintiff-registered service mark”).

The filing date / the registration date / the registration number / the F/ G / H : The designated service business: No. 9 case 3) the Plaintiff requested the I Specialized Industrial Design Company to take photographs, etc. of the raw pictures, etc. to be used for the franchise business on October 2013. The Plaintiff shall take photographs, etc. from among the photographs received to I, listed in the attached Table 3 (hereinafter referred to as “raw pictures”).

B) A certain member shop was used in the signboard of the Plaintiff. Around May 2014, the Defendant, including the Plaintiff and the Defendant, filed a franchise agreement with the Plaintiff and notified the Plaintiff of the termination of the franchise agreement on January 20, 2015 while running a business by opening a J store upon entering into a franchise agreement with the Plaintiff, and the franchise agreement was terminated on January 20, 2015. (c) The Defendant filed an application for the mark indicated in attached Table 1(1) (hereinafter “K mark”) on March 2, 2015, but received the decision of refusal on September 22, 2015.

2) The Defendant is a mark listed in attached Table 1 List 2 (hereinafter “L mark”).

A) B filed an application for a service mark right and registered as the service mark right, and the specific details are as follows. The filing date / Registration Date / Registration Number: M/N/O: Designated service: 9:3) the Defendant applied for and publicly announced the marks listed in [Attachment 1 List 3 (hereinafter “P marks”) as the service mark right, and the specific details are as follows.

The filing date/public announcement/public announcement number: Q/R/S: Designated service business: 9 cases, such as theater theater business, etc. of Chapter 43): the defendant on June 30, 2015 (hereinafter referred to as "T.").

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