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(영문) 광주지방법원 2018.02.13 2017노2325
상표법위반
Text

The judgment of the court below is reversed.

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The defendant, as the member of the J church, has the authority to use a service list in which the J church is a right holder.

2. Summary of the facts charged in this case and the judgment of the court below

A. On August 28, 2016, the Defendant used a service list registered (hereinafter “instant service list”) by the victim F as G in a preliminary course to raise funds for the restoration of old and old wedding Distribution Corporation in the D church located in Gwangju-gu, Nam-gu, Gwangju, for the instant charges (hereinafter “instant service list”).

Accordingly, the Defendant infringed the victim’s right to vote on services by using the same service schedule as that of another person’s service business in the same service business.

B. The lower court determined that the lower court found the Defendant guilty on the ground that the instant service list was used as the mark of the J church, and therefore, the J church is the prior user of the service list, and the Defendant was not the representative of the J church, and as there was no authority delegated by the J church, the Defendant did not have the right to use the instant service list, and the victim notified the Defendant of the suspension of the use of the instant service list on December 14, 2015, on the ground that the Defendant registered the trademark right, but did not indicate that the Plaintiff was the member of the J church as the member of the membership of the J church.

3. Determination on whether a deliberation was made

A. The facts of recognition 1) The victim, who was in office as a pastor of the J church from May 5, 2004, was dismissed from the position of a pastor on April 9, 2010 by K on the complaint of some new believers. On October 2010, the victim received the preliminary decision that "the above K's dismissal from the position of a pastor is reversed, and the status of a legitimate representative of the J church has been dispatched from K as a temporary president around October 2014, and the J church supported the victim and the defendant."

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