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(영문) 서울중앙지방법원 2015.12.16 2015가합545499
상표권 침해금지
Text

1. The plaintiff's respective claims of this case are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 1, 2011, the Plaintiff, an attorney-at-law, registered his/her business as “Law Office E” on March 1, 2011. However, in the case of a personal law office, the Korean Bar Association has to register as “Law Office E” using the name of an attorney-at-law. The Plaintiff is operating a personal law office after registering the name of “Law Office E” with the Korean Bar Association at that time. (2) The Defendants filed a report on the establishment of a joint law office under the name of “Law Office E” with the Korean Bar Association on January 2, 2013 and filed it with the Korean Bar Association for the registration of the name of “Law Office E” and then run the joint law office until then.

B. Around January 20, 2013, the Plaintiff sought consultation with the Defendants regarding the use of “Law Office E” on the registered service mark E (hereinafter “instant service mark”) of patent firm E (hereinafter “instant service mark”), but failed to reach an agreement, the Plaintiff filed and registered the instant service mark under the name of “E, a patent firm,” which is the Plaintiff’s member status, as follows:

1) Date/registration date/registration number: F/G/H2: Three marks: 45 (Technology licensing business, legal counsel business, legal consulting business, legal information provision business, legal side business, patent right management business, consulting business related to infringement on industrial property rights, trademark management business, litigation management business, copyright management business, intellectual property right consulting business, intellectual property right-related consulting business, patent management business, patent licensing business, patent right infringement-related consulting business, patent information provision business):

C. The Plaintiff’s exclusive license for the instant service mark is, with respect to the instant service mark from patent firm E, the term “from January 1, 2015 to December 16, 2023”, “the entire territory of the Republic of Korea”, “the legal counseling business, legal advice business,” and “the designated service business,” respectively.

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