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(영문) 서울중앙지방법원 2019.09.20 2018가합575934
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

(a) The date of application of the Plaintiff’s registered trademark (hereinafter referred to as the “registered trademark of this case”): 2)/registration number: functional cosmetics, Meck businesses cosmetics, bathing cosmetics, breab cosmetics, beauty-based cosmetics, showerculcos, spawn cosmetics for beauty-based care, spawn, hair for face-based cosmetics, funeral cosmetics, cosmetics, natural cosmetics, color-containings and brate-based mail-based cosmetics, cosmetics, skin play-up cosmetics, skin cream, cream for cremation, toilet-making, cosmetic for cremation, shampn, shoo and brinse, and shrinse;

B. The Plaintiff as the Plaintiff was transferred the trademark right of the instant registered trademark from G Co., Ltd., and completed the registration of the entire transfer of the trademark right on May 15, 2017.

C. Defendant B’s products using the Defendant’s “Sama milk” display and use the Defendants’ products 1) while engaging in retail business through the Internet shopping mall with the name of “H,” Defendant B constituted and sells the products listed in the “J” platform of the IJ” company (attached Form 2) with the following advertising screen: Provided, That the advertising and sale screen used by Defendant B is composed of the above three screen pictures that can be seen as (sklsing) while setting up the screen. [Attachment 3-1 photograph of the evidence No. 3-1] [Attachment 3-2 photograph of the evidence No. 3-2] [Attachment 3-3 photograph of the evidence No. 3-2] [Attachment 2] Defendant C’s products indicated in the “M” and “N” operated by Defendant C while engaging in retail business through the Internet shopping mall in the name of “K.”

[hereinafter] The goods “Omast oil (PP)” sold by the Defendants are “goods sold by the Defendants.”

The Plaintiff’s attitude of using the trademark of this case was established on March 24, 2016 and advertised and sold cosmetics, etc. made by setting up the following advertising screen on the Internet website, etc.

[Grounds for Recognition] Unsatisfy, and each number of Gap evidence Nos. 1 to 4, 7, and 14 shall be included.

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