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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
(a) C’s registered service mark 1) filing date/registration date/registration number: D/E/F2: Designated service business: Education of Class 41 or entertainment and entertainment entertainment classified by service business;
B. The Plaintiff is a company that runs online learning business, franchise business, etc. and entered into a contract with C to use the registered service mark of this case and uses it.
C. 1) Progress the dispute regarding the registered service mark of this case
) The mark consisting of “H date” and consisting of a designated service business, such as education, guidance, etc. using the Internet belonging to Class 41, which falls under the category of service business classification (hereinafter “Defendant’s mark”).
(2) Around December 31, 2012, G filed an application for registration with the National Tax Service for the establishment of a franchise agreement with a private teaching institute located in Seoul Dong-dong, Do-dong, and Jinju-si, etc., and had the said private teaching institute use the Defendant’s mark. (2) G filed a report on business closure with the National Tax Service on the grounds of business depression, etc. on December 31, 2012; (3) waived the registration of the Defendant’s mark on January 14, 2013; and (4) merged and dissolved with I (hereinafter “I”) on November 17, 2016.
3) The change of a trade name to J Co., Ltd. (hereinafter “J”) on July 11, 201, as “K” and “J” (hereinafter “J”).
(3) On October 2, 2014, the Defendant entered into a contract with J to provide consulting services on the operation and establishment of the KJ’s private teaching institute and the establishment of branch offices, which is established on February 20, 2013, and is engaged in online learning business and franchise business. The Defendant left the J around September 2016 and left the KJ.
4 The defendant is in Korean at the end of the part of the "L" in English among the defendant's marks "" during the above service period.