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(영문) 부산지방법원 2021.03.31 2020가합46079
상표권 침해 금지 청구 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The Plaintiff’s registered trademark is a trademark right holder who has completed the registration of establishment of the C trademark right on the following registered trademark (hereinafter “registered trademark of this case”).

1) Date of application/registration for establishment/registration: D/C/E 2) Composition 3 of designated goods: Indoor opening operations, indoor illumination business, indoor painting business, building remodeling and repair business, building interior interior works and painting business, building interior works and painting business, building remodeling supervision business, building interior construction business, building interior interior opening business, simplified building assembly construction business, building painting business, building painting construction business (other designated goods omitted).

B. On December 8, 2017, the Defendant using the Defendant’s position and mark registered the incorporation of a corporation with the name of Co., Ltd. B, Ltd., and thereafter, from January 1, 2018 to January 1, 2018, the Defendant used each of the marks indicated in the separate sheet (hereinafter “instant marks”) from around 2018, on the Defendant’s business location, signboard, Internet homepage, personal data program, advertisement advertisement (hereinafter “the Defendant’s business location, etc.”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-1, 2, 2-3, 4-1 through 4, 5-1 through 8, 8-1 through 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant used the instant mark identical or similar to the instant registered trademark on the Defendant’s business location signboard, etc., which is an act under Article 108(1)2 of the Trademark Act and infringes on the trademark right of the instant registered trademark.

Therefore, the Defendant is not obliged to use the mark of this case in the Defendant’s business location signboard, etc., and the Defendant is obligated to pay the Plaintiff KRW 30,000,000 and damages for delay pursuant to Article 111(1) of the Trademark Act with statutory damages caused by infringement of trademark rights.

(b) the Defendant.

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