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(영문) 제주지방법원 2017.01.12 2016가합222
상표사용금지
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. 1) Establishment, etc. of the E non-emergency Countermeasure Committee D Co., Ltd. (hereinafter “D”).

Since the publication of the newspaper referred to as "F" on October 1, 1945, the newspaper was published as "G" from November 20, 1962, and from November 1, 1996, as "E", and each trademark right listed in the separate sheet 1 to 3 was registered. 2) D was faced with the business crisis due to financial difficulties around December 2012, 201, and as at the time D's representative director H delegated D's management to its executive officers and employees on December 7, 2012, and many executive officers and employees were the same month.

9. To maintain the publication of “E” until the normalization of the company was established, the E non-emergency Countermeasure Committee (hereinafter “Emergency Countermeasure Committee”) was established.

3) On December 9, 2012, H of the D representative director: (i) the Emergency Countermeasure Committee and (ii) the trademark rights of E, E newspapers, and (iii) the contract transferring the rights of E Internet news (Provided, That with respect to E newspapers and Internet news, the time limit for transfer was determined until the dissolution of the Emergency Countermeasure Committee.

D) On December 10, 2012, H submitted the resignation of D representative director on December 10, 2012, but the said resignation was not reported to D’s board of directors and was not accepted in a regular manner.

5) On February 5, 2013, the D Council ratified a contract for the transfer of rights, such as trademark rights, entered into between H and Emergency Countermeasure Committees. 6) Seven joint representatives of Emergency Countermeasure Committees, such as I, etc., have completed the transfer of rights by acquiring each trademark right listed in attached Forms 1 through 3 from D on January 24, 2013, and D have completed the transfer of rights.

4. 11. The above I, etc. has taken over each of the above trademark rights and completed the registration of transfer of rights.

B. 1) Upon receipt of a request from the Emergency Countermeasure Committee to establish a new legal entity to publish E, the J established the Defendant on August 27, 2013 (the first trade name was “K,” but the trade name was changed as of October of the same year.

(2) Around September 2013, the Defendant and the attached list 1 through 3 are as follows.

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