logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.24 2014가합13032
상표권침해금지등
Text

1. The defendant shall not manufacture or sell each product listed in the separate sheet.

2. The defendant is 10.0% for the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a trademark holder of the following registered trademark (hereinafter referred to as “instant trademark”) that manufactures clothing, etc. and sells it to each of the countries around the world:

상표 : 출원일 / 등록일 / 등록번호 : 1996. 9. 18. / 1998. 9. 7. / 제0419946호 지정상품 : 제25류 - 속옷, 폴로셔츠, 스웨트셔츠, 티셔츠, 드레스셔츠(와이셔츠), 블라우스, 반바지, 숄, 카디건 등

B. From August 2009, the Defendant manufactured and sold each product listed in the separate sheet (hereinafter “each product of this case”) from around August 2009.

[Evidence] Facts without dispute, Gap evidence Nos. 1 to 2-15, 12-1 to 6-6, the purport of the whole pleadings

2. Whether the trademark right has been infringed

A. The gist of the parties' assertion argues that the Plaintiff infringed the Plaintiff's trademark right by manufacturing and selling each product of this case using the same or similar pattern as the trademark of this case, and the Defendant asserted that ① the pattern of each product of this case is not similar to the trademark of this case as a general string pattern that has been used for a long time, and ② the product of this case is not exposed to the outside at the time of wearing a string, and the Defendant's registered trademark ("TY") as indicated in each product of this case is merely used as a design, and it does not constitute the use as a trademark, in light of the fact that each product of this case is not exposed to the outside at the time of wearing a string.

B. Determination 1: The pattern of each product of this case and the non-satis of each product of this case, whether the trademark of this case are similar to the non-satis of each product of this case, and the trademark of this case, on the basis of two luscing colors, crosses a certain distance at the horizontal, vertical, and as soon as possible, the color ray crosses with the luscis of the color line, and crosses the luscis of a variety of rectangular or luscis of a large size, and crosses the luscis of each product of this case as soon as possible, and show the pattern of each product of this case.

arrow