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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence 2-1 to 3, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 5, Gap evidence 7-1 to 21, Gap evidence 8, Eul evidence 9-1 to 7, Eul evidence 9-1 to 5-14, Eul evidence 5-1 to 5-14, Eul evidence 1-1, and Eul evidence 1-1.
The defendant is a company that sells bags and shoess that registered as a broadcasting-sale company and ordered in Hyundai Home shopping with a line of "markba trademark" as a broadcast-sale company.
B. On March 1, 2013, the Defendant entered into a trademark use agreement with the non-party company (hereinafter “instant use agreement”) for the purpose of selling bags and shoes with a mark mark trademark attached (hereinafter “instant product”) from the non-party company Dumo (hereinafter “non-party company”). The main contents of the instant use agreement are as follows.
Article 1(Purpose)The purpose of this Agreement is to grant the right to use the trademark of “A” to “B” (Nonindicted Company) for the use of the trademark of “B” (Defendant) and to provide for the rights and obligations of the parties in payment of royalties.
Article 3 (Scope of Right to Use)
1. Period of use: The period of contract shall be one year beginning with the period in which an item is broadcast in 2013;
Article 5(B) The term “B” shall have the following rights and duties during the term of the contract:
1.A “B” is the subject of this project with respect to all the / color/original selection and sampling of objects and production, and shall not use the design of “subject matter” for other purposes.
Article 6 (Rotition)
1. (Scale of Settlement - Mining Rotation B) “B” is a consumer of an object.