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(영문) 서울중앙지방법원 2017.04.05 2016가합565827
서비스표권 침해금지 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are jointly and severally borne by the Plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff A, the representative of Plaintiff B’s registered service mark, is the service mark holder of the following registered service mark:

1) Marks: (hereinafter referred to as “instant marks”)

(2) Date / Date of application / Registration number / Designated service business: D/ E/ F/F3: Convenition sales agent, cand sales agent, ckic sales agent, ice cream sales agent, bread sales agent, call-type sales agent, and 4) expiration date: February 11, 2025.

Plaintiff

B and the Defendant’s franchise agreement. (Purpose) The purpose of this contract is to prescribe all matters necessary for the Defendant to participate in Plaintiff B’s franchise business as a franchise store in the Plaintiff B’s franchise business and to run franchise business by the G Franchise System, to faithfully perform them with mutual trust and cooperation and to contribute to the joint development.

Article 3 (Indication of Franchisees) (1) A chain store to be established by the defendant under this Agreement shall be as follows:

1. Location of a store: 107 units of I building in Si/Gun/Ku;

2. Scale of the store: approximately 13 square meters;

3. Trade name: J point; and

4. The name of the franchise store operator: Article 34 (Business Marks and Other Intellectual Property Rights) (2) The plaintiff B is holding the following service marks, and the plaintiff B permits the defendant to conduct business activities using the following service marks:

B Article 6 (Contract Period and Renewal) (1) This Agreement shall take effect from the time both parties sign and seal, and shall take effect for three years from the date of conclusion.

(hereinafter hereinafter) Article 9 (Establishment of The interior facilities of the store) (1) The defendant shall complete the interior facilities at the defendant's expense according to the plaintiff B's due diligence and examination in order to maintain the unity and originality of the whole franchise business before the opening of the franchise store, and shall maintain its status during the contract period.

③ In the event that Plaintiff B directly performs a construction project, the interior cost shall be measured by one million won per square meter (3.305785 square meters), and the Defendant shall also bear additional costs.

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