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(영문) 서울고등법원 2015.09.10 2015누37671
시정명령및과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s status constitutes a business entity under Article 2 subparag. 3 of the Act on Fair Labeling and Advertising (hereinafter “Fair Labeling and Advertising”) and Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act, who engages in the business of selling sports products.

B. Sale 1) Molorate (Fitop Limited. hereinafter referred to as “Molorate”) located in the United Kingdom, located in the United Kingdom.

) The functional exercise player brand products of FITFLPM (hereinafter “instant product”).

(2) From around 209, the Plaintiff exclusively imported and sold the instant product in Korea, and finally entered into an exclusive import and sale agreement on the instant product (hereinafter “instant exclusive sales agreement”) between 16, 201. The effective date is October 1, 2010, and the main contents pertaining to the advertisement of the instant product are as follows.

1. Definition and Interpretation

1.1. The definitions and interpretation rules of this paragraph shall apply to this Agreement.

“Data related to this case” means documents, materials, packaging, and equipment related to this case’s goods provided by or on behalf of a supplier, such as data, designated retailers(s), sales, sales promotions, exhibitions, advertising equipment and materials at the time of display and purchase, PR, marketing, advertising materials, etc.

The term " brand standards" means the requirements of suppliers for the use of main trademarks and other intellectual property rights related to the goods of this case, which are notified in writing from time to time to time to time by the seller, and the latest server is attached in Appendix 3.

5.2. The supplier will meet the brand standards and to strengthen the FITFLOPM brand, on the part of this case and on the part of this product.

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