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(영문) 서울북부지방법원 2015.08.20 2014가합23397
부정경쟁행위금지 등
Text

1. The Defendants:

(a) manufacture, import, sale of the goods listed in the Attachment No. 2 using the marks listed in the Schedule No. 1;

Reasons

1. Basic facts

(a) The Bigter sports business stocks limited company (hereinafter referred to as "bigter sports") which is a company of Chinese citizens (large) is a manufacturer of fluston goods, and it has registered its trademark such as " "" and "VICR" in its country, and has produced and sold fluston clothes, shoes, diskettes, cocks, bags, etc. using the above trademark.

B. In around 2000, the Plaintiff entered into a domestic sales contract with the Big Sports with the purport that “the Plaintiff is supplied with, and sold domestically, ebston supplies, and is entrusted with, the rights and events for the trademark of ebston supplies.” From that time, the Plaintiff sold ebston supplies with trademarks listed in the attached Table 1 (hereinafter “instant trademark”).

C. On January 21, 2010, the Plaintiff filed an application for trademark registration with respect to “”, a trademark listed in [Attachment 1 List 3]. On August 16, 2010, the Plaintiff registered the trademark by using a type of 28 Badton, Badton, Badton, etc. as designated goods.

Defendant B and C imported and sold sports supplies with the trade name “F” on the third floor in Seongbuk-gu Seoul E, and Defendant C, from January 4, 2010 to “G”, imported and sold sports supplies with the trade name “F”. From October 2013 to October 2013, Defendant B and C imported and sold sports supplies with the trade name “F”.

E. Defendant A is a person who operates the Dobong-gu Seoul Metropolitan Government International Agency in H.

Defendant D is a person who operates K K's business in the name of K in South Korea-China-si.

F. 1) Defendant B and C are named as “F” between November 27, 2013 and April 8, 2014, and they are manufactured by attaching “,” and “,” as L’s introduction from the Chinese Buddhist land in China (M; hereinafter “instant sportsization”).

(2) Defendant B and C imported the instant sportsization at KRW 37,00 per unit, and sold 550 units to Defendant A’s “I agency” operated by Defendant A at KRW 37,000 per unit.

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