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(영문) 서울중앙지방법원 2016.04.28 2015가합525174
표장사용금지등
Text

1. The defendant,

(a) ginseng, red ginseng X-ray, red ginseng beverage, red ginseng powder, and red ginseng powder, processed with the marks listed in the Schedule I;

Reasons

1. Facts of recognition;

A. Each of the parties’ respective positions and the Plaintiff using a trademark are companies engaged in the manufacture, sale, etc. of ginseng varieties and ginseng products with the brand called “Articles of Incorporation”, and each of the registered trademarks listed in the separate sheet No. 2 (hereinafter referred to as “Plaintiff’s trademark”) is a trademark right holder of each of the registered trademarks listed in the separate sheet No. 2 (hereinafter referred to as “Plaintiff’s trademark”), and sells ginseng varieties and ginseng products using the Plaintiff’s trademark for

The Defendant, as an agricultural partnership engaged in the ginseng joint withdrawal, processing and export, agricultural products, and ginseng distribution business, was manufactured goods listed in the separate sheet No. 3 from January 2013 to November 24, 2014, and sold them through the Defendant’s Internet homepage (htp:/www.com.com) on a package and container indicating the marks listed in the separate sheet No. 1 (hereinafter “Defendant mark”).

B. The Plaintiff’s trademarks, including the history and current status of the use of the Plaintiff’s trademarks, were designed for the first time in 1995, and were indicated in the Plaintiff’s red ginseng concentrate product (red red ginseng products, daily red ginseng products, red ginseng products, red ginseng products, red ginseng products, red ginseng products, and red ginseng products, etc.) around 197. Since then, they are indicated in most red ginseng products manufactured and sold by the Plaintiff.

The plaintiff's market share of red ginseng products was 74.8% in 2008, 73.3% in 2009, 73.95% in 2010, 64% in 2003, 67% in 2004, 63% in 2005, 63% in 2006, 63% in 2006, and 67% in 207 in the market of red ginseng products.

The sales amount of red ginseng products manufactured and sold by the Plaintiff with the Plaintiff’s trademarks reaches approximately KRW 315.4 billion in 2005, approximately KRW 408.6 billion in 2006, KRW 495.0 billion in 2007, KRW 590.7 billion in 2008, KRW 706.1 billion in 2009, KRW 7795.9 billion in 201, KRW 84.1 billion in 2011.

From 200 to 200, the Plaintiff spent not less than KRW 148.9 billion for red ginseng products marked with the Plaintiff’s trademark through TV, radio, newspapers, magazines, etc.

The plaintiff's red ginseng product around 2010.

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