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(영문) 특허법원 2020.01.31 2019나1685
손해배상(지)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. 1) The Plaintiff is a construction company that mainly carries out apartment complex construction projects, and is a service mark holder with respect to the service marks related to the marks of “” that provide each designated service, such as building sale business, building construction business, etc., as seen in the following sub-paragraph (b). (2) Defendant B’s regional housing association organized a regional housing association promotion committee around December 20, 2015 for the business of constructing and selling multi-family housing (hereinafter “instant business”), and is a non-corporate group established with the approval of the establishment of the housing association from the head of Sa sub-Gu on March 7, 2017, following the inaugural general meeting of the regional housing association on September 1, 2016.

3) On September 1, 2016, Defendant C was appointed as the president of the promotion committee of the above regional housing association, and was in charge of the president of the Defendant B regional housing association since the inaugural general meeting of the said regional housing association. 4) Defendant D Co., Ltd. (hereinafter “Defendant D”) was selected as an agent of the promotion committee of the B regional housing association in relation to the instant project implementation on or around June 11, 2016, and decided to carry out an agency business such as sales promotion, recruitment of members, and various authorizations and permissions on the instant project. Accordingly, the sales promotion activities related to the instant project were conducted by proxy.

5) Defendant B’s regional housing association decided to comprehensively take over all the tasks performed by the committee for promotion of the said regional housing association at its inaugural general meeting (hereinafter referred to as “Defendant B’s housing association, including the said committee for promotion”), among the entire regional housing association including the said committee for promotion,

(B) The Plaintiff’s service mark right is the holder of the service mark right regarding the following service marks (the Plaintiff’s service mark right is referred to as “each of the instant registered service marks,” and the Plaintiff’s service mark right as to each of the instant registered service marks is referred to as “each of the instant registered service marks,” including the following service marks:

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