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1. The plaintiffs' primary and conjunctive claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Defendant H Co., Ltd (hereinafter “Defendant Company”) is a corporation operating franchise business, etc., and was registered as a trademark right holder of the trademark indicated in the attached list (hereinafter “instant trademark”), and Defendant I is the representative director of the Defendant Company.
B. The Plaintiffs entered into a franchise agreement with the Defendant Company from December 8, 2009 to October 5, 2012 (hereinafter “each of the instant franchise agreements”). The key contents are as follows.
Article 1 [Purpose of this Agreement] (1) The purpose of this Agreement is to abide by, implement, and set forth the terms and conditions of the contract between the parties for fair franchise business, with respect to the trademark of this case, such as the trademark, log, signboard, and the franchise system developed by the defendant company, which are held by the defendant company.
3. The management of franchise stores under this contract may be successful by the plaintiffs' limited efforts which utilize the guidance assistance of the defendant company, and the defendant company shall not guarantee its success.
Article 2 [Grant of Right to Use Business Marks] ① The Defendant Company granted the Plaintiffs the right to establish and operate franchise franchise stores using the franchise franchise system and the right to use business marks, such as trademarks, trade names, trademarks, service marks, signboards, etc. provided by the Defendant Company, and the Plaintiffs have the right to use them.
C. On January 17, 2013, Defendant G entered into a trademark right transfer agreement with the Defendant Company and the Defendant Company on the acquisition of the trademark right of this case (hereinafter “trademark transfer agreement as of January 17, 2013”). As to the trademark right of this case, the trademark right of this case is “registration of the entire transfer of the trademark right of this case” and “registration of the entire transfer of the trademark right of this case” as of January 18, 2013.
(d) complete the proceedings.
Defendant J on October 4, 2013, and Defendant G from Defendant G and Defendant G on 1/2.