(영문) 서울중앙지방법원 2015.06.12 2014가합586745

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(영문) 서울중앙지방법원 2015.06.12 2014가합586745

도메인이름등록말소청구권부존재 확인의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 12, 2014, the Plaintiff has been holding and using the domain name “C” (hereinafter “instant domain name”) to the Korea Internet and Security Agency through Avia, Inc., a domain name registration agent, and has been registered with the Korea Internet and Security Agency.

B. On February 1, 2007, the defendant is a corporation that has completed the registration of incorporation on February 1, 2007, the domain name of the defendant is as shown in the attached Table 1, and the service mark is as listed in the attached Table 2.

C. On the other hand, on September 1, 2014, the Defendant filed an application with the Plaintiff for dispute resolution to the effect that “transfer of the domain name of this case” was to the Internet Address Dispute Resolution Committee, and on November 10, 2014, the Internet Address Dispute Resolution Committee decided against the Plaintiff that “the cancellation of the registration of the domain name of this case” was “the cancellation of the registration of the domain name of this case,” on the grounds that “the registration and use of the domain name of this case by the Plaintiff constitutes a case where the registration and use of the domain name of this case was obstructed by the Defendant who has a legitimate title or for the purpose

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 7 evidence, Eul evidence 1 through 8 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (i) is identical with or similar to D's trade name or service mark owned by the defendant on the domain name of this case, and is not used by the plaintiff for the purpose of indicating the source of service of the domain name of this case. However, as the Internet web page using the domain name of this case (hereinafter "the web page of this case") is separately posted the "E" on the top of the screen of the web page of this case.

유사 판례

-대법원 2013. 4. 26. 선고 2011다64836 판결

-서울고등법원 2016. 2. 25. 선고 2015나2051850 판결

-대법원 2008. 2. 1. 선고 2004다72457 판결

-서울고등법원 2005. 11. 8. 선고 2005나23409 판결

-서울중앙지방법원 2016.07.22 2015가합27434