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(영문) 서울중앙지방법원 2016.02.17 2013가합75521
손해배상(기) 등
Text

1. The defendant shall implement the procedure for transferring the domain name "B" to the plaintiff.

2. The defendant shall be the plaintiff.

Reasons

1. Facts of recognition;

A. On March 4, 2010, the Plaintiff’s representative director G applied for D’s designated service business as EF, by designating D’ (hereinafter “instant service mark”) as electronic data and document storage business, driving agency business, product packing business, tour seat reservation business, travel arrangement business, travel agency business, tour agency business, tour agency business, and tour agency business under category 39 by classifying service business, and registered as EF. (2) On March 4, 2010, the Plaintiff’s designated service mark’s designated service business under category 39 by acquiring rights to the instant service mark.

3) On March 14, 2012, the Plaintiff established for the purpose of selling airline tickets and selling overseas travel organizations, etc., was transferred the above rights to the instant service mark from G and is currently entitled to the instant service mark. B. The Defendant’s mark, etc. 1) was registered as the service mark on April 27, 2009 by applying the designated service business as the designated service business for the purpose of domestic travel agency business, aviation ticket sales business, etc. (hereinafter “Defendant’s first mark”) as the designated service business for the category 39, by designating the designated service business as the tourist transport business, tourist transport business, international complex transport business, tour tour agency business, tour agency business, tour information service business, tour information agency business, tour guide agency business, etc. (hereinafter “Defendant’s first mark”).

2) The Defendant’s second mark on February 2, 2009 (hereinafter “Defendant’s second mark”).

(C) The Plaintiff and the Defendant filed an application for the designated service as a service mark on July 25, 2005 for the purpose of running a travel business, such as airline tickets, sales business, and airline tickets sales brokerage business, and real estate business, and registered and used it as a service mark on July 13, 2010. (c) The Plaintiff and the Defendant’s domain name as “H” from July 25, 2005, while running a travel business including airline tickets, sales business, and airline tickets sales brokerage business.

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