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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Since January 2013, the Defendant, a manufacturer-seller, manufactured and sold “D cream” (referring to the so-called “d cream” for the purpose of supplying water to the skin and skin) and advertised the above cosmetics with the word “Ecream” as a separate name.
However, the defendant did not register the trademark related to the above cosmetics.
B. From January 2014, Plaintiff B (hereinafter “B”) manufactured and sold “F Cream” (F Cream and “G” are the trade name at the time of Plaintiff B), and promoted the above cosmetics with a separate name “H Cream.”
B. As follows, Plaintiff A filed an application for trademark registration of “HC” on the I date and completed the registration on the J date. Plaintiff A filed an application for trademark registration of “KREAM” on the J date and completed the registration on the L date.
(hereinafter collectively referred to above trademarks: Registration number / Date of application / Date of registration / Date of registration / Date of M/ J date: cosmetic 2): Registration number / Date of application / Date of registration / Date of registration / Date of registration : N/ J date / L date designated goods: Cosmetics, such as Skincream
C. From February 2014 to July 201 of the same year, the Defendant printed the mark “O Cream” (the part was written in the pen body) on the front of the product, as shown in the attached film, and manufactured “P Cream Ecream” in the front side of the product and packing materials.
On August 11, 2015, the Defendant handed over 10,000 cosmetics of this case to Q Q Co., Ltd. as payment in kind of KRW 40 million.
E. From December 19, 2016, Plaintiff B started to manufacture “HREAM” using the instant trademark.
F. On November 30, 2017, Plaintiff B notified the Defendant that “the instant cosmetics conflict with the trademark right of this case”.
[Ground of recognition] A.