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(영문) 의정부지방법원고양지원 2015.08.13 2014가합54137
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who writes and sells books with the trade name of “C,” and the Defendant is a person who publishes and sells books with the trade name of “D.”

B. On July 7, 2008, the Defendant issued and sold “E” composed of 21 books as indicated below, and completed trademark registration for the title 21 of the book as indicated below.

The registration number 1 FG H I 2 J 2J L 3 L L L 5 G M 5 G M 5 G M 6 M M M M 7 M M M M M 8 G HH 8 G HH 8 G M M 10 AH AB 11C G 10 AE AD 12 AE H AD 13 AH 13G M AH 15 AG M 16 AG MM 17 AP AP AP 18 APG 19 AH 20 AW 21st AP AP.

C. The Plaintiff issued and sold a total of 28 % (hereinafter referred to as “A”), total of 4 parts of “AZ” (with seven parts, respectively), and used the words “AG”, “BA.”, “BC”, “BD”, and “BE” in the title or content of the book.

On August 1, 201, the defendant asserted that the plaintiff used the defendant's trademark without permission, and sent a warning letter stating that "the plaintiff sent a book similar to the title that the defendant registered as a trademark to the defendant and thereby inflict mental and material damage on the defendant, and thus warning by applying the Trademark Act." On January 25, 2012, the defendant sent a warning letter stating that "the plaintiff sent a warning letter of the defendant's warning on February 3, 2012 that "the plaintiff gives a warning to suspend the use of the trademark because it is in the production and sale of part of the book title 21 of the "E" before the defendant completed the application for trademark registration." On January 25, 2012, the plaintiff sent a warning letter stating that "the plaintiff sent a warning letter of the defendant on January 30, 2012 to prove the legitimacy of the plaintiff, but it shows that it is not worth daily response, and therefore it is not worth to respond in accordance with the current law."

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