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(영문) 서울중앙지방법원 2018.04.13 2017가합511636
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 2,00,000 and the interest rate of KRW 15% per annum from April 8, 2016 to the date of complete payment.

Reasons

1. Basic facts

(a) Date of the Plaintiff’s registered design/registration number: The name of the Plaintiff’s registered design/registration date/registration number: September 18, 2015; 30-0817027: the product subject to the design of an electronic tobacco mileage: a description of the design of an electronic tobacco mileage: metal material, glass material, and synthetic resin: The product of the design is made of materials and sound materials, glass material, and synthetic resin. The product of the design is made capable of inspiring nicotine solution by combining the amount of liquid solution with that of the electronic tobacco exhauster. The product of the product is made transparent in order to distinguish the amount of solution expropriated in the middle part of the product. The product of the product is composed of a smoke in order to distinguish the amount of solution expropriated in the middle part of the product, and the product is composed of the following parts in order to absorb outside air. The essential point of creation of the design: combination of the shape “electronic cigarette” and the shape of the design is essential for creation.

B. Design right-holder: Plaintiff’s drawings:

B. No. 10854975, Aug. 20, 2011; No. 34, Feb. 28, 2011; No. 21064, Jul. 13, 2013, 2013; No. 34, Dec. 34, 2023: Tobacco, substitute tobacco, and electronic tobacco, etc., No. 31015747, Jul. 13, 2013; No. 315747, Feb. 3, 2014;

C. The Plaintiff’s exclusive license Plaintiff is an electronic tobacco storage machine Co., Ltd.

After entering into a contract to establish an exclusive license on the trademark right stated in the subsection, the agreement was registered as follows:

(hereinafter referred to as “instant exclusive license”). The registration number of an exclusive license of the mark is within the scope of designated goods of the exclusive license as of the date of registration of the establishment of the exclusive license, and the designated goods period of the exclusive license is prescribed by Article 10854975, Oct. 6, 2015: Class 34 in the entire area of the Republic of Korea on February 28, 2021: Subparagraph 34 in the entire area of the Republic of Korea, such as tobacco, substitute tobacco, electronic tobacco, etc. (No. 1012646, Oct. 9, 2015); Class 34 in the entire area of the Republic of Korea on December 13, 2023: 3107, such as tobacco, substitute tobacco, electronic tobacco, etc. (e.g., 1015747, October 28, 2015)

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