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(영문) 특허법원 2017.07.21 2017나1100
침해중지신청 및 주소이전 및 등록말소
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1. The plaintiff's appeal and the plaintiff's selective claim added by this court are all dismissed.

2. Filing an appeal;

Reasons

1. Basic facts

A. On May 14, 2005, the current status of the Plaintiff’s use of “P” opened and operated an Internet camera (F) following the name “E”, and used “D” to the e-mail account, and registered the domain name “C” with “A” as the registered entity of the domain name.

(A, 11 Evidence). (b)

The Plaintiff filed an application for trademark registration of the mark “P” containing the letter “P” with the publication of the category No. 16 of the category of the registered trademark G products as the designated goods, and completed the trademark registration with H registration number I.

(A) No. 7) (c)

Defendant’s “P” use status, etc. 1) The Defendant used “J” as “ID”, “K” as “N in the e-mail account,” and “L” as “B”, and used “P” on various Internet sites, such as “M”, “N” and “O” (Evidence A, 6, 27). 2) On December 13, 2014, the Defendant subscribed as a member to the Internet shopping mall Q and entered the e-mail address in the membership certification procedure, and entered the Plaintiff’s e-mail account, other than the above “K” as its e-mail account.

(No. 5 1, 2) The plaintiff's assertion

A. The Defendant’s evaluation of the Defendant’s act of using “P” was being created by the Plaintiff and used in the Internet camera, e-mail account, domain name, etc., and the word “P” that has completed trademark registration at the Internet site without the Plaintiff’s consent. The Defendant’s act of using “P” as above constitutes an act infringing the Plaintiff’s right to registered trademark of this case and constitutes unfair competition under Article 2 subparag. 1(a), (b), and (h) of the Unfair Competition Prevention Act, and Article 12(1) of the Internet Address Act.

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