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(영문) 특허법원 2019.01.24 2018나1572
저작권침해금지 등 청구의 소
Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, 44,192,469 won against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The first instance court’s judgment on the scope of this Court’s trial dismissed all of the Plaintiff’s claims for suspension of copyright infringement and destruction, and partly accepted the claims, such as the settlement amount, etc., and dismissed all of the Defendant’s claims for cancellation of trademark rights, etc. in the Defendant’s counterclaim.

In this regard, the plaintiff appealed against the part against the defendant only without filing an appeal, and against the part against the counterclaim, and the court expanded the counterclaim against the settlement amount.

Therefore, the part of the plaintiff's claim for suspension and abandonment of copyright infringement and the part of the defendant's claim for cancellation of trademark rights, etc. among the defendant's counterclaim does not fall under the scope of the judgment

2. Basic facts

A. The Plaintiff is a company with the objective of brand marketing, design consulting, etc., and the Defendant is a company with the purpose of manufacturing and wholesale business of smartphones, Internet sales business, etc.

B. (1) On May 23, 201, the Plaintiff and the Defendant entered into a contract to jointly produce and sell products, such as mobile phone cases, using the trademark “K (K)” (hereinafter referred to as the “instant association agreement”). Under the said contract, the Plaintiff and the Dong companies organized by the Defendant under the said contract entered into the instant association agreement, and the said project under the said contract is as follows. The main contents of the agreement are as follows.

Article 2 (Blved Ownership)

1. The product brand name for this cooperative project refers to K (K) and the ownership of this brand shall be owned by the Plaintiff and the Defendant respectively.

Article 3 (Products)

1. Products manufactured under this Agreement shall be manufactured to be “K” brands as goods related to Alp iPhone, iPhone, iPoon, iPad-related liquid books and all other mobile products.

Article 4 (Roles and Duties of Plaintiff)

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