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(영문) 서울남부지방법원 2014.10.10 2014노988
상표법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The domain name "E", which is the domain name used by the defendants, is merely an Internet address for access to the website, and in the website opened by the defendants, Defendant B (hereinafter referred to as the "Defendant Company") at the upper end and lower end.

) The name, address, representative, business registration number, telephone number, Internet address, etc. of the above domain name does not function as a mark of origin of the service. The trademark of “H” used by the Defendants does not change externally from the FM that was registered by the Educational Broadcasting System. The trademark of “H” is completely different from the trademark registered by the Educational Broadcasting System, the difference between appearance and color, the first launch of the trademark is different from “I”, and it is also different from the concept, so there is no risk of misunderstanding or confusion when the overall observation is made. 2) Moreover, considering the fact that the defendants entered into the production cost support contract with the Educational Broadcasting Corporation in 2011 and 2012 with the Korea Educational Broadcasting Corporation in order to explain the existence of such contractual relationship, it cannot be said that the defendants used the domain name and the trademark used by the defendants as an essential trademark indicating the source of the trademark.

3) Even if the trademark is similar to each other and functions to indicate its source, Defendant A had the right to use a route F by concluding a program production support agreement with the Korea Educational Broadcasting System for two years, and produced a website during the contract period and used the domain name. Thus, there was no awareness or intent that the trademark right of the Korea Educational Broadcasting System was infringed upon. 4) The Korea Educational Broadcasting System did not raise any objection against the Defendants’ use of the trademark of H.

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