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(영문) 서울고등법원 2016.01.28 2015나2012671
부정경쟁행위금지 등 청구의 소
Text

1. The judgment of the first instance, including the claims of the Plaintiffs that have been changed and expanded in exchange for the foregoing reasons, is as follows:

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff Emermers poppy (hereinafter “Plaintiff Emers”)

) A corporation of the French Republic, which has its head office in Paris, produces and sells handbags, clothes, shoess, and perfumess, etc. with the trade name of “HERMS”, and Plaintiff Emers Korea Limited Liability Company (hereinafter “Plaintiff Emers Korea”).

(2) Since 197, the Defendant, a domestic corporation established on November 15, 2010 for the purpose of bags, clothing, and miscellaneous wholesale and retail business, etc., produced each product listed in paragraphs (1) through (27) of “Defendant Product List” (hereinafter “Defendant Product List”) from that time, and sold them through department stores, duty-free shops, Internet shopping malls, etc.

B. The products produced and sold by the Plaintiffs are 1) Plaintiff Emers Korea’s respective products indicated in the list of the Plaintiff’s Products (hereinafter “Plaintiff’s Products”) produced by Plaintiff Emers Korea (attached Form 2).

2) The product referred to in paragraph 1 (1) (the size and color for each individual product) of the Plaintiff’s Schedule of Products (the size and color for each individual product can vary) was produced for A around 1984, and it was widely known in the name of “Birkin Bag” when A begins to use the product.

Kink's white is 10 million won or more at the domestic consumer price as a satisfy's material.

3) [Attachment 2] Products in Paragraph 2 of the “List of Plaintiffs’ Products” (the size and color for each individual product may vary on the date of difference.

) Around 1956, an Morocco’s sking-sking of Monaco was widely known in the name of "Kelly Baly Baly white baly, as it was placed on the cover of the Life magazine, with a photograph of pregnant body as a product of a large marst, made of Manaco’s flaz.

Kelly white shall be the domestic consumer price at the seat of the bamboo.

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