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(영문) 서울중앙지방법원 2020.10.30 2019가합548892
상표권침해금지 등 청구의 소
Text

Defendant:

(a) The marks and phrases in the separate sheet shall not be used for the service business listed in the separate sheet, and b.

Reasons

Basic Facts

A. The Plaintiff is a juristic person established based on the Korea Educational Broadcasting System Act, and operates a variety of programs using the mark “D” and “E” (hereinafter “instant text”) to operate a satellite broadcasting business entity F, G, E, E, and E, a satellite broadcasting business entity H, elementary school, middle school programs, and a satellite broadcasting business entity specializing in vocational education and vocational education, and a J radio broadcasting, which is centered on language and culture.

B. The plaintiff is the owner of the registered trademark as follows.

(hereinafter referred to as “instant registered trademark”). Date of application / The date of registration / the date of registration for the renewal of the duration / The registration number: K/L./ M/N designated goods and designated service business (after the renewal of the duration): Marks of Chapters 09, 16, 35, 38, 40, 41 (detailed items are omitted): (hereinafter referred to as “instant mark”):

C. On September 2016, the Plaintiff entered into a business partnership agreement for a joint project for free semester system (hereinafter “instant partnership agreement”) with C Co., Ltd. (hereinafter “O”) (hereinafter “O”).

The main contents of the above contract are that the Plaintiff provides educational content to theO in operating the PP project (on-site education related to the free semester system and online foreign language vocational training services).

Article 5 of the Partnership Agreement provides that “The use of the Plaintiff’s brand and trademark can be used with the Plaintiff’s prior approval, and the phrase, such as alliance with D and content provision, may be used only for the purpose of increasing sales of content.”

Q Co., Ltd. (hereinafter “ Q”) entered into a R business contract with the Plaintiff on December 1, 2017 to operate the temphac business in the Sihh City using the “P” content provided and distributed by the Plaintiff.

E.O did not pay the Plaintiff the content user fee stipulated in the instant partnership agreement, and the Plaintiff on January 2018.

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