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(영문) 서울중앙지방법원 2015.04.10 2014가합531325
저작권 침해금지 등
Text

1. The Defendants shall not reproduce, distribute, publish, and publish the works listed in the separate sheet No. 1 using them in the clothing product.

Reasons

1. Facts of recognition;

A. The Plaintiff’s position 1) is the trade name “D” from 2009 to 2013. From September 1, 2013 to 2013, with the trade name “E”, the shape, location, pattern, design, etc. of the goods have been designed and sold by itself. Defendant B is the trade name “H”, and Defendant C is the goods imported and sold by each “E” with the trade name “E.”

B. The Plaintiff’s work and product sign creation and use 1) The Plaintiff’s design of “Bluculation” as indicated in [Attachment 1] around January 7, 2014 (the Plaintiff’s work and product sign creation and use 1) (the “N” in snow and snow, hereinafter “instant work”).

2) From September 1, 2013 to April 1, 2014, the mark “M (which arranged the number in which the Plaintiff’s date of birth is earlier)” as indicated in attached Form 2(1) as “M (which arranged the number in which the Plaintiff’s date of birth is earlier)” as indicated in attached Form 2(2) and “E (the Plaintiff’s trade name)” as indicated in attached Table 2(3) (hereinafter collectively referred to as “the instant product marks”) was used for all goods produced and sold by the Plaintiff from September 1, 2013 to the date.

C. Defendant B, on March 24, 2014, sold to 19,000 won the instant copyrighted works and the clothes on which the marks of goods were used, and Defendant C, around April 1, 2014, imported ten copies of the instant copyrighted works and the clothing on which the marks of goods are used, from China, and sold them to 36,000 won on April 2, 2014.

(hereinafter referred to as “instant clothing”) d.

After the lapse of the relevant criminal case against the defendants, the plaintiff is the work of this case of the defendants.

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