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(영문) 서울중앙지방법원 2017.11.24 2016가합507135
상표권 및 저작권 침해금지 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts - Status of the parties and the status of the rights to register the plaintiff

A. The Plaintiff is a company established on April 13, 201 for the purpose of research and development, manufacture, sale, trade, etc. of cosmetics. Nonparty C is the actual operator of the Plaintiff and the husband of the Plaintiff’s representative director D. At the time of the instant lawsuit, Nonparty C, as the Plaintiff at the time of the instant lawsuit, filed a claim for damages due to the infringement of registration number G trademark against the Defendant, but the revocation of the claim was made on the same day as of January 18, 2017 (see, e.g., an application for change of the purport of the claim filed on May 25, 2017) and the application for change of the cause of the claim (see, e.g., Supreme Court Decision 93Nu9460, Sept. 14, 1993). The Defendant made a statement on the seventh day for pleading and trade (see, e.g., Supreme Court Decision 93Nu9460, Nov. 15, 2014).

B. The plaintiff's registered trademark and the judgment invalidating the registration thereof becomes final and conclusive. 1) The plaintiff is entitled to the following registered trademark (hereinafter "E trademark"):

The above trademark is the trademark right holder of the trademark. The plaintiff was originally filed with the non-party F, but it was registered on July 30, 2014 after the plaintiff acquired the status of applicant through an agreement with the above F and the change of applicant on July 30, 2014. The registration number / the filing date / the registration date / the registration date / the E/H date: the designated goods: Mabel diesel, bath string, bathing cosmetics, bathing cosmetics, flapsecing, ice cream, mecream, mecream, shampampampampoo, sampampampampoo, screen products, ice/ ores, human body equipment and equipment / the registration date: the designated goods are Type III 3, excluding cosmetics, cremation, excluding medicine for medical use, and me, the registration of the plaintiff and the defendant at the time of 2015. 25. 7. 15. 205. 25. 2015.

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