beta
Text
1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:
The defendant.
Reasons
Basic Facts
The respective registered service marks of this case and the service mark No. 1 of this case used by the Plaintiff: F/E/Z marks: The designated service business: Hospital business, physical therapy business, spine pressure business, medical treatment business, and oriental medicine seller in Chapter 112: The Plaintiff’s second service mark registration number/ application date/registration date: H/G/A: The designated service business mark: D/L in Chapter 44: The Plaintiff’s use of the Plaintiff’s service mark as an oriental medical doctor and used each of the respective service marks of this case from October 12, 2014; Nonparty AB on September 1, 2015; Nonparty AC on October 31, 2015; and Nonparty AD’s use of the service mark as a non-exclusive license.
The Defendant using the Defendant’s mark is a medical corporation permitted on December 20, 2010, under the name of “Medical Corporation L,” and operates one Council member at a total of three clubs in the Busan metropolitan area, such as operating one Council member under the name of “the Medical Corporation L,” after changing the medical institution and completing business registration.
The Defendant used the marks No. 1 or No. 4 in the attached list as above one Council’s signboard, signboard, drug package or on the Internet homepage or block screen. The Defendant manufactured herb drugs and sold them with the sign “R”, “S”, “T”, “U”, and “V” on the name of the product, and provided a set of services with the name of “W”.
In addition, at the defendant's Internet homepage, the defendant advertised the drug and service with the above product name.
On June 11, 2002, I, the former representative of the defendant, filed an application for service mark with the Korean Intellectual Property Office for the mark No. 5 in the attached list No. 5 as a service mark, but was rejected.
Afterward, the defendant is the English part of the above mark, which is the following.