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(영문) 특허법원 2017.09.22 2017허3485
등록무효(상)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Registration number 1) / filing date/registration date of the instant registered service mark 1) / service mark registration date: (hereinafter referred to as “instant mark”) mark 3: The designated service business (hereinafter referred to as “instant mark”) : DJ J P P Pest event organization and holding business under Chapter 41 of the classification of service business : DJ PPP event preparation and holding business, disc key key service business, performance planning business, dramab performance business, Disk Jockk Jocket guide business, stage publishing business, online electronic publication business (readable-only publication business), type of entertainment preparation business, recreation facility business, entertainment-handling service business, news reporting business, shock stage leasing business, music filming business, music filming business, preparation and proceeding of events for cultural exchange, and right holder-holder-holder-holder- right-holder- right-holder- right-holder- right-holder-holder-holder- right-holder-holder-holder- right-holder-holder- right-holder-holder- right-holder-holder- right-holder-holder-holder-holder-holder-party business;

B. 1) The Plaintiff filed a registration invalidation trial against the Defendants on the instant registered service mark with the Intellectual Property Tribunal, and the Defendants, who had been employed by the Plaintiff Company, filed an application and registered without any consultation with the Plaintiff Company. Thus, the instant registered service mark falls under Article 7(1)18 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) and the Intellectual Property Trial and Appeal Board (hereinafter referred to as the “instant trial decision”). Accordingly, the Intellectual Property Trial and Appeal Board (hereinafter referred to as the “instant trial decision”) deliberated on April 24, 2017 by the Plaintiff Company as the Defendant B and rendered a trial decision dismissing the Plaintiff Company’s request (hereinafter referred to as the “instant trial decision”).

C. The Plaintiff Company 1, supra, is a company established after the withdrawal of the Plaintiff Company by the Defendants and Defendant G Co., Ltd., and filed with the Seoul Central District Court an application for provisional injunction against infringement against the Defendants’ use of the instant mark under the Seoul Central District Court No. 2016Kahap80927, Aug. 10, 2016.

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