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(영문) 서울고등법원 2014.06.19 2013나2026249
서비스표권침해금지등
Text

1. The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. On August 13, 2001, the Plaintiff filed an application for each of the respective registered service marks (hereinafter “each of the instant registered service marks”) as follows, and completed the registration on March 13, 2003, and registered the renewal of the term on March 12, 2013.

(1) The composition of the first registered service mark of this case: The registration number of the marketing service business, market manufacturing business, advertising design business, full-time sales agent business, door-to-door sales agent business, package sales agent business, amount-to-door sales agent business, export and import agent business, product display agent business, promotion agent business, sales promotion agent business: customs brokerage business, clothing product brokerage business, finished product brokerage business, express product brokerage business, shop product brokerage business, commercial product brokerage business, sales brokerage business, department store management business, real estate deposit management business, deposit brokerage business, liquid book product brokerage business, commercial goods brokerage business, 39: furniture transportation brokerage business, transportation brokerage business, general warehouse agency business, travel agent business, delivery service business, product packing business, gift delivery business, gift delivery agency business, sales agent business, product sales agent business, product display agent business, product display agent business, sales agent business, sales agent business, sales promotion agent business, product display agent business, sales promotion agent business, sales promotion agent business, product display agent business, sales agency business, sales promotion agent business, sales promotion agent business, product placement agency business, and sales agent business, sales agency business, product placement agency business, sales agency business, product: Chapter No.

B. From 2001 to 201, the Plaintiff runs a franchise business of retail stores, such as consumer goods and daily miscellaneous goods, with the trade name of “Danuri”, and owns more than 900 stores as of 2013, and the annual sales in 2013 amount to approximately KRW 858 billion.

C. From January 2, 2012, Defendant B and C jointly established the Defendant A (hereinafter “Defendant A”) for the purpose of wholesale and retail business, such as text and written order on December 3, 2012, and written order on December 3, 2012, while operating retail stores, such as consumer goods and daily miscellaneous goods (hereinafter “Defendant A”) as a service mark, among which Defendant B and C jointly filed an application for the mark as a service mark (F public notice; hereinafter “Defendant’s service mark”); and d.

Defendant.

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