1. The Defendants shall not engage in any act listed in the separate sheet No. 1.

2. The defendants are jointly and severally liable to the plaintiff 40.

Basic Facts

Defendant B Co., Ltd. (hereinafter “Defendant Company”) was a corporation established for the purpose of wholesale and retail business, etc. of ginseng varieties and red ginseng products, and the pertinent trademark right was registered on the e-date by applying for a color trademark of D. The Defendant Company, as the final right holder of the said trademark, sells red ginseng products, etc. by attaching the said trademark.

Defendant C is the representative director of the Defendant Company.

The Plaintiff began to sell red ginseng products of “F” brand from August 2014, and used the trademark called “F”.

On October 16, 2015, the disputing company between the Plaintiff and the Defendant Company registered the trademark of the name of the Defendant Company, and it is determined that the Plaintiff’s use of the same name constitutes infringement of trademark rights, but immediately notified the Plaintiff of the suspension of business using the above name.

Accordingly, on October 30, 2015, the Plaintiff sought advice from the Defendant Company on several patent corporations and patent attorneys, which led to seeking advice from the Defendant Company, and thus, the trademark registered by the Defendant Company is not a trademark for the word, but a color trademark for the logo / sign/ figure, which differs from the logo / figure used by the Plaintiff, so there is no problem of trademark rights.

On October 30, 2015, the Defendant Company sent a warning to the Plaintiff. On November 30, 2015, the Plaintiff again notified the Defendant Company that there was no infringement of trademark rights. On November 3, 2015, the Defendant issued a reply to the effect that, following the official confirmation by the Korean Intellectual Property Office, “Korea Ginseng is a general name of ginseng produced in Korea, as well as a general name of ginseng products manufactured in Korea, and is a simple and sealed name of ginseng that directly marks the quality, etc. of designated goods’ raw materials, and is not a simple combined name of construction without distinctiveness (trademark application).”

On November 10, 2015, the Plaintiff committed each of the following acts against the Defendant Company.

A person shall be appointed.