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(영문) 서울중앙지방법원 2017.01.12 2016가합548655
상표권 침해금지 등 청구의 소
Text

1. Defendant B Co., Ltd. shall carry out each of the marks listed in paragraph 1 of the attached Table No. 2 in each service business listed in the attached Table No. 2.

Reasons

1. The Plaintiff is a comprehensive construction company that runs the housing construction business, indoor construction business, etc., and holds the following registered service mark right (hereinafter the mark “instant service mark right” and the Plaintiff’s right to it (hereinafter the “instant service mark right”).

The mark: The filing date/registration date/registration number of the mark: on November 29, 2001, the housing building business, the apartment building business, the officetels building business, the commercial building construction business, the office building business, the ice building business, the ice building business, the apartment house building business, the construction engineering business, the steel framed construction business, the defendant B Co., Ltd. (former trade name: E, the E, the house constructor, and the building construction business as of November 4, 2015; hereinafter collectively referred to as the "Defendant B"), as the business owner under the Housing Act, sold each apartment building, and the defendant A Co., Ltd (hereinafter referred to as the "Defendant A") constructed each apartment building construction work as a construction business owner who entered into a contract with the defendant B.

In the case of Defendant B and D, each tenant is recruited and each contract for sale is concluded, etc., in accordance with the attached Table 1 B in the course of sale, such as public announcement of invitation and contract for sale.

paragraphs (1) through (4)

Any one of the marks described in paragraph (1) (hereinafter referred to as "C marks") shall not be distinguished, and in the case of D, the above list 1-A.

The marks indicated in the paragraph (hereinafter referred to as “D marks”) and “C marks” and “D marks” were used respectively.

Defendant B completed the transfer of divided ownership to buyers and buyers on July 2015.

At present, C Marks are marked on each outer wall and each parking prohibition sign of C, and D marks are marked on D's outer wall and each parking prohibition sign.

[Ground of recognition] The descriptions or images of Gap evidence Nos. 1, 4, 8 through 10, 14, and 15 (including branch numbers), the purport of the whole pleadings

2. Defendant.

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