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(영문) 서울중앙지방법원 2018.01.11 2017가합544995
상표권침해금지청구등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff applied for and registered the trademark as indicated below (hereinafter “instant trademark”).

Category C (D Registration Number E on the date of application for the registration of the registered trademark) No. 21 of the designated service business

B. From August 2012, the Defendant began to operate the “F” bank, which is an individual work room related to the Do himself, and produced and sold the Dogs itself or parts of the Dogs by inserting the picture into the Dog. From around 2015, the Defendant manufactured the Dog with the trademark “G” and sold them to many enterprises, including exporting them to China.

C. Around April 2016, the Plaintiff sold the ray and plant with the trade name of “H,” and requested the Defendant to have only the goods supplied with his/her trademark. From June 2016, the Plaintiff supplied approximately 3,000 chemical parts bearing the instant trademark and sold them to China, but the transaction relationship was suspended around February 2017.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 2, 3, 4, 5, 6, 8, 20, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Although the transaction relationship with the Plaintiff was suspended, the Defendant sold in China the portion marked with the trademark of this case from February 2, 2017, and thus infringed the Plaintiff’s trademark right, and acquired the Plaintiff’s outcome by unlawful means, such as shipping the consigned products, and manufacturing and shipping the portion marked with the trademark of this case without permission. Thus, the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

Article 2 subparag. 1 (j) of the Unfair Competition Prevention Act was violated, and since the plaintiff sold in China the flowerss entrusted to the plaintiff or the flowers which imitated them, this would have copied the plaintiff's product form as it is, Article 2 subparag. 1 of the Unfair Competition Prevention Act.

The title is in violation of the title.

In addition, the defendant shall make reasonable efforts and investments to the trademark of this case and make harmonys established by the plaintiff.

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