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1. The defendant,
(a) A mark listed in the annex 1 list shall not be used for the product listed in the annex 2 list; and
(b)..
Reasons
1. Basic facts
A. From January 10, 200, the Plaintiff was manufacturing and selling clothes, caps, etc. under the trade name “D” and is the trademark right holder as follows.
/ The filing date/registration number: E/F/G marks: Newly Inserted by Presidential Decree No. 25 (Class 25), sports-only clothes, kackers, kackers, sports re-kackers, half-packs, kackers, knicks, and kins
(b).
The Defendant, a company selling groice, such as her mother and Dorts, sells products listed in the attached Table 2 by using the “HYPE” mark, and completed the registration by filing an application for the trademark “C” on July 23, 2014 when the dispute over the trademark right with the Plaintiff was anticipated.
After that, the defendant's mark " below the separate marks listed in the separate sheet No. 1 through the Internet shopping mall (cick, GS HP, etc.)" is "the marks of this case" and "the marks of this case" individually.
Products listed in the separate sheet 2 attached hereto, hereinafter referred to as "products of this case").
(C) On March 18, 2016, the Defendant was appointed as a custodian upon the Defendant’s order to commence rehabilitation procedures as Seoul Central District Court 2016 Ma10041 on March 18, 2016. After that, on December 7, 2016, the decision to discontinue rehabilitation procedures of the above court became final and conclusive on December 7, 2016, and the Defendant taken over the instant lawsuit against the custodian C at the Plaintiff’s request. [Grounds for recognition] There is no partial dispute, Party A’s 1 through 5, Party A’s 17 through 20, Party B’s 5, and Party B’s 6 (including each number; hereinafter the same shall apply).
each entry, the purport of the whole pleading
2. Whether the plaintiff's trademark right is infringed
A. In principle, the similarity of a combined trademark consisting of two or more letters or diagrams, or a combination of the same or similar legal principles, should be determined on the basis of the overall appearance, name, and concept of the constituent parts. However, the trademark, among the trademarks, has a general consumers express an impression concerning the trademark, or have an memory.