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Reasons
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(영문) 특허법원 2017.03.17 2016나1813
전용사용권 설정등록 말소 청구의 소
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The status of the parties is the Plaintiff Company’s director, and the Plaintiff Company completed trademark registration of “” (hereinafter “instant trademark”) as indicated in the attached Form. The Plaintiff Company delegated the Plaintiff Company’s right to use the instant trademark, thereby engaging in the manufacturing business of women’s clothes, etc. as the instant trademark. The Defendant is the Plaintiff Company E (hereinafter “E”)’s representative director for clothes manufacturing and wholesale retail business.

B. On March 20, 2012, the Plaintiff Company and E entered into a contract with the Plaintiff Company for strategic alliance with the aim of facilitating the business for the supply of products and goods manufactured and produced by the Plaintiff Company by E and selling them in the permanent store and set aside.

(hereinafter referred to as “instant partnership agreement”) Article 2 (Use brand)

1. E may sell products and goods produced under the responsibility of the Plaintiff Company using trademark rights “F” and “G” owned by the Plaintiff Company to the extent that they are delivered.

Article 3 (Scope of Distribution and Burial Matters)

1. The scope of distribution of E can carry out store development and sales only with respect to the permanent and acrylic arbalests distribution, and a new store may be established after consultation with the Plaintiff Company at the time of opening a new store;

The allowable scope of online shopping mall is limited to those transferred under this contract and those of online shopping mall operated by a store established in consultation with the plaintiff company.

4. E may use the rights held by the Plaintiff Company for the sale of products and goods from the time of delivery of the Plaintiff Company’s products and goods, and the production and use of PEP advertising, devices, decorations, packaging products and other advertising materials related to the Plaintiff Company may obtain the approval of the Plaintiff Company and use them in accordance with the regulations of the Plaintiff Company.

Article 4 (Term of Contract)

1. This paper.

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