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(영문) 인천지방법원 2020.04.10 2019가합50150
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established on November 26, 2009 for the purpose of distribution business, such as health, food, etc., and D companies with its head office in the United States (hereinafter “U.S. corporation”) are companies selling plastic Chewing, etc. with health cocons.

B. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) has used each of the marks listed in the separate sheet, while selling plastic ingredients to a company established for the purpose of selling functional foods, etc.

C. Defendant Company is the service mark right holder and trademark right holder of a mark registered as service mark E, trademark registration number No. F.

[Ground of recognition] Facts without dispute, Gap evidence 4, 6-1, 2, 7 of evidence 6, Eul evidence 2-1, 2-2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff used the mark as the mark of the U.S. corporation and (hereinafter “U.S. corporation mark”), and the result of the clinical experiment of the U.S. corporation’s mark, Grout photo, and the interview video and H University Hospital constituted the outcome of considerable investment and effort by the U.S. corporation. However, the Defendants made and used each mark on the attached list similar to the mark of the U.S. corporation without permission, and used the photograph and interview video, and the results of the clinical experiment of H University Hospital as advertising materials of the Defendant company. As such, the Defendants were granted exclusive sales authority for the plastic products from the U.S. corporation, and the Plaintiff transferred all rights related to the instant case should compensate the Plaintiff for damages caused by unfair competition under Article 2 subparag. 1 (k) of the Unfair Competition Prevention and Trade Secret Protection Act or tort under the Civil Act and discontinue the said unfair competition act.

B. The Defendants are different from the marks of the U.S. corporation, and they are female, as well as the marks of the U.S. corporation.

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