1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a service mark holder of the following registered service mark (hereinafter “instant service mark”).

1) Service mark registration number/registration date/registration date/Duration: D/E/F2: 3) designated service business: Business of providing Rototototo lottery information through the Internet, business of providing Rotototo lottery information, business of providing Rotototo lottery tickets, business of selecting Rototo lottery tickets, business of selecting Rotototo lottery tickets, business of providing Rototototototo lottery tickets numbers through the Internet, business of providing Rototototototototo lottery tickets information, and business of providing Rototototototototo lottery tickets through the Internet. (b) The defendant is a company incorporated on April 24, 2014 for electronic commerce (Internet

(2) The Internet website, as indicated in [Attachment 1] No. 2, posted the marks indicated in [Attachment 1] No. 3, and the marks indicated in [Attachment 1] No. 2 and 3, are all referred to as “Defendant marks”.

(ii) [Ground of recognition] unsatisfy, Gap evidence 1, Gap evidence 4, Gap evidence 20 to 22 (each number is included; hereinafter the same shall apply).

- The purport of the whole pleadings

2. Determination as to the assertion of infringement on service mark rights

A. The gist of the Plaintiff’s assertion 1) The purport of the Plaintiff’s assertion is that the Defendant, from April 2014 to April 1, 2014, whose representative director was the Plaintiff, who was an employee to engage in the business of providing information on the Internet set-up lottery tickets (C; hereinafter “instant domain name”).

() After entrusting the management of the service mark of this case, the Defendant terminated the above management consignment agreement to the Defendant on June 2015. Nevertheless, the Defendant uses the service mark of this case and the mark similar to the domain name of this case, and the Defendant’s domain name for the Internet Roto Lottery Information Business, and such Defendant’s act (the use of similar service mark and similar domain name infringe the Plaintiff’s service mark right of this case). Thus, the Defendant’s claim against the Defendant.