The defendant's marks listed in the attached list 5 are D cosmetics sold by the defendant, their packaging and containers, leaflets, and brochures.

Basic Facts

The filing date/registration date/registration number of the instant registered trademark: E/F/G trademark: The designated goods: Type 03 (Skin's cosmetics, non-cream, shower diesel, brate, cream and brate cosmetics, and meck business cosmetics): Plaintiff A and the succeeding intervenor B (hereinafter referred to as “Plaintiff B”). At the time of registration, Plaintiff A transferred the trademark right to Plaintiff B on April 22, 2019 while the instant lawsuit is pending, and completed the entire transfer of the right, and Plaintiff B filed an application for intervention in the succession to Plaintiff A on July 1, 2019, and Plaintiff B entered into the exclusive sales contract between Plaintiff B and the Defendant on July 2, 2012 as Germany limited company with the purpose of manufacturing business, and Plaintiff B entered into the agreement on the type 3 exclusive cosmetics produced by the Plaintiff and the Plaintiff on July 2, 2012.

I registered the domain name "J" on November 26, 2012, and sold the D Cosmetics produced by Plaintiff B (hereinafter "Plaintiff Products") on the above website.

On June 25, 2013, the Defendant established the representative director as I for the purpose of cosmetic import-sale business, etc. (the trade name was “stock company H” at the time of its establishment), and D cosmetics produced by Plaintiff B were sold domestically.

Plaintiff

B notified I on February 21, 2018 that I will terminate the said exclusive sales contract as of July 15, 2018, and the said exclusive sales contract was terminated on July 15, 2018.

The Defendant using the Defendant’s mark changed its trade name on July 10, 2018, and began to sell D Cosmetics produced by Germany from September 2018 (hereinafter “Defendant Product”).

After the termination of the exclusive sales contract, the Defendant uses each mark listed in the separate sheet (hereinafter referred to as “instant marks”, and individually named, the marks are specified by the sequences) on the Defendant’s products and the Defendant’s website.

The defendant.