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(영문) 특허법원 2018.07.26 2017나2042
손해배상(지)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. 1) The Plaintiff A is deemed to be dissolved on December 5, 201, when it was established on September 11, 1997 and P Co., Ltd. (hereinafter “P”).

(B) On April 13, 2011, Plaintiff B (Representative F, hereinafter “Plaintiff B”) was practically managing the Plaintiff (hereinafter “Plaintiff”).

(2) Defendant C (hereinafter “Defendant C”) is a company established on May 11, 2010 for the purpose of manufacturing cosmetics, and Defendant D Co., Ltd (hereinafter “Defendant D”) is a company established on April 7, 2006 for the purpose of manufacturing cosmetics.

B. The Plaintiffs registered their trademarks (1) G and H trademark registration (A) as indicated in the table below, as the Plaintiffs’ trademark rights and copyright registration 1) G and H trademark rights registration 1.

However, while the Plaintiff applied for the trademark “I” on the date, Nonparty J became aware of the fact that Nonparty J had already applied for the same trademark as the date, the trademark is registered following the change of Plaintiff B’s applicant status as Plaintiff B around July 30, 2014.

The date of the application of the G trademark H: The date of the application of the G trademark: The date of registration: The date of the application of the Plaintiff’s designated goods service business: The date of M: N: The date of the registration: H trademark right holder: the date of the Plaintiff’s designated goods service business: the Plaintiff B entered into a non-exclusive license agreement with the Plaintiff on the Plaintiff’s goods service business, but the Plaintiff B did not enter into the non-exclusive license agreement with the Plaintiff, but the exclusive license for the said trademark was not established. C) Meanwhile, the G trademark was declared final and conclusive by a judgment to the effect that its registration is invalidated through a litigation for invalidation of registration, as seen below in detail.

2) The Plaintiff B filed an application for each trademark on the date BO and registered on the BP date (hereinafter referred to as the following sequences).

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