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(영문) 서울고등법원 2016.04.28 2015나2050116
부정경쟁행위금지 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendants are related to each business listed in the separate sheet No. 1.

Reasons

1. The grounds for the court’s explanation concerning this case, such as accepting the judgment of the court of first instance, are the same as the reasoning of the judgment of the court of first instance, except for the modification of the pertinent part of the judgment of the court of first instance as stated in the following 2. Thus, it shall be cited as it is

2. Revised parts

(a) 4 below the 2rd and below: G:

(b) revise “G” under 2 to “T”.

(c) eliminate 3 pages from “the plaintiff” to “the plaintiff is in progress”;

(d) Three (3) pages “The preceding eight (8) filing date shall be R and the registration date shall be S:

(e) eliminate from the Plaintiff’s “Plaintiff” up to the thickness of 3 up to 9-10 degrees;

(f) modify “service mark 5 below” to “registered service mark” under 3.

(g) modify the five-way “title” of the fifth place to “title”;

(h) up to six (6) parallels “(f)” to “from 8 (c)” may require modifications as follows:

Meanwhile, a request for disuse or removal by an owner of a trademark right, etc. under Article 65(2) of the Trademark Act, as a incidental claim for prohibition or prevention of infringement of the trademark right of the claimant, requires the destruction of an article causing infringement, removal of equipment used for infringement, etc., and thus, determination of whether to accept such request is to be made shall be made by balancing the disadvantages on the part of the trademark right holder and the disadvantages on the part of the infringer if accepted, and the scope thereof shall be the minimum necessary to prevent infringement.

According to the facts acknowledged by the first instance court cited by this Court in this case, the plaintiff is entitled to each of the above facts in the signboards, placards, walls of buildings, packaging, decorations, books, contract documents, trade documents, name cards, advertisements, etc., on which each mark listed in the attached Table 2, which is a similar mark, is used as a incidental claim against the defendants for prohibition of infringement of trademark rights or prevention.

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