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(영문) 서울중앙지방법원 2017.07.07 2016가합578144
상표권침해금지 등의 청구의 소
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff’s right to registered trademark is a trademark right holder of the registered trademark as follows (hereinafter “each of the trademarks of this case”).

The date of the registration of the mark No. 2 of this case / The date of the international registration of the trademark No. 2 of this case / The date of the international registration of July 25, 2014 / The date of the international registration of the trademark No. 1 of this case / The designated goods No. 122513 of May 13, 1981 / Chapter 25 of designated goods No. 0076400 of May 13,

B. On November 23, 2016, the Defendant’s importation and customs clearance of the Defendant’s product (hereinafter “Defendant’s product”) indicated in the attached Table 1 imported from Cambodia to the head of the Busan Customs Office (hereinafter “Defendant’s product”).

(2) On November 24, 2016, the head of the Busan Customs Office notified the Plaintiff of the import of the goods in fact that the Defendant’s products are suspected of infringing the Plaintiff’s trademark right under the notification of the Korea Customs Service on the grounds that they are suspected of infringing the Plaintiff’s trademark right.

After that, the Defendant’s product was transferred to the Incheon Customs Office, and the Defendant filed an import declaration on the Defendant’s product with the head of the Incheon Customs Office on December 7, 2016, and the head of the Incheon Customs Office also notified the Plaintiff on December 8, 2016 of the import declaration on the Defendant’s product.

3) On December 9, 2016, the Plaintiff requested the head of Incheon Customs Office to withhold customs clearance on the ground that the Defendant’s product constitutes forged goods, and obtained approval from the head of Incheon Customs Office for the withholding of customs clearance on December 14, 2016. On December 22, 2016, the Defendant requested the head of Incheon Customs Office to provide individual security to withdraw the withholding of customs clearance and to accept the import declaration, and the Defendant’s product currently is in the status of withholding of customs clearance. [Grounds for recognition] The Defendant’s product is in the status of withholding of customs clearance. [Grounds for recognition] The Plaintiff’s product is in the absence of dispute, Gap’s evidence 1,2,5, 6, 8, 1, 2, and 3 evidence (each number is included;

each entry, the purport of the whole pleading

2. The underlying facts of the determination as to the cause of the claim.

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