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(영문) 서울남부지방법원 2016.07.14 2015가단238646
영업표지제거 및 물품대금 등 청구의 소
Text

1. The defendant shall use each service mark listed in the separate sheet for goods and their packaging and propaganda advertisements, and each of the above marks.

Reasons

1. Basic facts

A. On April 29, 2015, the franchise (hereinafter “Plaintiff F&B”) that operates a restaurant franchisor with the mark “B” (mark and brand) indicating each service mark listed in the separate sheet (hereinafter “instant service mark”) is designated as the Defendant and the franchise term for two years, and the franchise name “C” (hereinafter “instant franchise”) as the franchise name for two years. Plaintiff F&B allows the Defendant, the franchise owner, to use the registered trademark; Plaintiff F&B’s management guidance and training for the Defendant to conduct franchise business operation and business activities in accordance with the quality standards and methods designated by Plaintiff F&B; and the Defendant entered into a franchise agreement with Plaintiff F&B to pay franchise expenses to Plaintiff F&B in return for using Plaintiff F&B’s service mark provided by the Plaintiff and receiving support and education for the management, business activities, etc. from Plaintiff.

B. The main parts of the instant franchise agreement are as follows.

Article 4 (Business Marks and Other Intellectual Property Rights) (2) Plaintiff F&B permits the Defendant to engage in business activities using the instant service mark.

④ The Defendant shall not damage or modify Plaintiff F&B’s business marks with property value, attached to Plaintiff F&B’s goods and other store facilities, etc. supplied by Plaintiff F&B, and shall not use them outside the scope set forth in the preceding paragraph or transfer them to a third party without Plaintiff F&B’s consent, and shall maintain them in the best condition.

Article 22 (Business Standardization, Handling Items, and Sales Price) (2) The defendant shall use raw materials and supplementary materials designated by the plaintiff F&B in order to maintain the unity and uniformity of the brand of franchise commerce, and in particular, he/she shall make them in accordance with the cooking manual and maintain the uniformity of massage.

Article 23. Goods, etc.

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