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(영문) 서울중앙지방법원 2017.07.20 2015가합541244
손해배상(지)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The instant trademark registration and copyright registration 1) Plaintiff A, April 13, 201, is Plaintiff B (Representative F, hereinafter “Plaintiff B”).

The Plaintiffs established and operated the trademark (hereinafter “G trademark”) as indicated in the following table, and H is “H trademark”.

A) On the other hand, while Plaintiff A applied for the trademark “I” on the date, Plaintiff B had already become aware of the fact that Nonparty B had already applied for the same trademark as the date, it was registered upon the change of Plaintiff B’s applicant status as the applicant on July 30, 2014. The filing date of G trademark H: The filing date of G trademark: H date: The filing date of G trademark right holder: The filing date of 03 (cosmetics, etc.): The filing date: N date: N date: The filing date of : H: the filing date of : H: the filing date: 03 (cosmetics, etc.) registration number: the Plaintiff B did not enter into a non-exclusive license agreement with Plaintiff A on the above trademark, but did not have the exclusive license established.

3) On October 23, 2015, Plaintiff B’s respective designs described in attached Tables 1, 4, 7, and 8 to the Korea Copyright Commission (hereinafter “instant registered works”) (hereinafter “instant registered works”).

On May 2009, the date of creation and promulgation, and the date of publication, the author B (Plaintiff A’s work) applied for copyright registration and the date of OB registration. (B) Plaintiff A’s export history 1) Plaintiff A actually operated a trade company of “B” (F) and P Co., Ltd. (hereinafter “P”). From September 2009 to Q (hereinafter “P”), Plaintiff A’s export agency from September 2009 to Korea’s export agency, used the design described in attached Table 1(4) indicating the trademark “B” to Japan; hereinafter “S cosmetic”).

B. The export was made.

Q. 2 The instant S.

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