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(영문) 광주지방법원 2019.01.15 2018가단513066
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, and 5 and the entire purport of the pleading.

The plaintiffs who are married couple shall complete the business registration under the name of the plaintiff B with the trade name "F" from the Seo-gu in Gwangju on October 1, 2006.

A restaurant business that provides Ri, etc. is run.

B. On January 2007, Plaintiff A filed an application for trademark registration as follows and completed trademark registration on November 21, 2007 for the operation of the above restaurant.

(hereinafter “instant trademark”). The term of trademark rights is currently renewed by December 3, 2027.

- Registration number: service mark registration G - Designated service: simple restaurant business, tourist restaurant business, letostoke business, restaurant chain business, Korean-type store business, knife business, knife summary.

Manxa, Magurixa, Magluxa, Magres

Li-specialized store management business, and specialized store management business;

C. Defendant C with the trade name of “I” in Gwangju Mine-gu H, the left-hand side of the mark as follows

Defendant D is operating a restaurant, such as Ri, and Defendant D is attaching a signboard of the mark like the right side under the trade name of “K” in the Dong-gu, Gwangju Metropolitan City.

A restaurant, such as Ri, is operated.

2. The summary of the Plaintiff’s assertion infringed the Plaintiffs’ trademark rights by using the same trademark as the instant trademark.

Pursuant to Article 111 of the Trademark Act, each of the defendants is entitled to statutory damages of 50 million won.

3. Even before a final and conclusive decision on invalidation of a trademark registration is rendered, where it is apparent that the trademark registration will be invalidated by an invalidation trial, a claim for prohibition of infringement or compensation for damages based on the trademark right shall not be allowed as it constitutes an abuse of rights unless there are special circumstances. In a case where there is a defense that such a claim by the trademark right holder constitutes an abuse of rights, the court in charge of the trademark right infringement lawsuit shall be held to determine whether the trademark registration is invalidated under the premise of examining the legitimacy thereof.

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