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1. The judgment of the court of first instance (excluding the part concerning the claim for the destruction of infringing products and the claim for damages) is modified as follows.
Reasons
1. Evidence 【Evidence’ 1, 4, 5, 7, 9, 10, 11 of the A, evidence Nos. 72-2, 3, evidence Nos. 1, 3, 4, 5, 6, 10, 13, 20, and 21 of the A, as well as the overall purport of the video and pleadings
A. The Plaintiff’s trade name registration, trademark right, and service mark right 1) on December 24, 1988, and the Plaintiff’s trade name in Seoul Special Metropolitan City on December 24, 198 (hereinafter “stock company’s Republic of Korea” (hereinafter “Plaintiff’s trade name”).
) On the other hand, the head office was registered with the location of Guro-gu Seoul Metropolitan Government Guro-dong 604-1 29 dong-dong 121, and the business purpose was non-ferrous metal wholesale, retail and retail business, etc. (2) The plaintiff has the following trademark rights:
(hereinafter referred to as “Plaintiff’s trademark”). - Trademark registration number: No. 0698019 - Date of application/registration: February 13, 2007 / The designated goods: The Plaintiff has the right to a service mark (hereinafter referred to as “Plaintiff’s service mark”) as follows (hereinafter referred to as “the Plaintiff’s service mark”).
- Service mark registration number: No. 0184.120 - Date of application/registration: July 2, 2008 / April 22, 2009 - Designated service business: Category 40 (metallic processing business, metal cutting business, metal board processing business, metal board cutting and processing business, etc. - Service mark place:
B. The Defendant, on April 12, 2006, was a corporation incorporated with the trade name, “stock company’s mother spawning”, and engaged in food materials distribution business, self-spawn lending business, group meal service business, mobile-spawn food business, urban village business, etc. However, on November 5, 2007, the trade name of November 5, 2007 (hereinafter “Defendant’s trade name”).
In changing to another way, group meal service, mobile short-to-door food service, urban community service, etc. are deleted from the business purpose, and wholesale and retail service, tin-sale wholesale and retail service, and tin-to-la table sales, etc. are wholesale and retail service.