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(영문) 서울중앙지방법원 2019.09.27 2018가합544336
상표권침해에 대한 손해배상청구 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 1, 2017, the Plaintiff entered into a contract to establish an exclusive license agreement with E, the holder of the service mark or the holder of the trademark right, as to the registered service mark and the trademark (hereinafter collectively referred to as “instant registered service mark, etc.”) under the following, with a company engaging in electronic commerce and related distribution business, and completed registration of establishment of the exclusive license on April 6, 2018.

1) The filing date/registration date/registration date/registration date/registration number of the H on August 10, 2010: The designated service business: the computer communications business, the radio communication business, the satellite communications business, the satellite, the facsimile communications business, the telephone communications business, the telephone communications business, the e-mail business, the wire-mail business, the wire and television broadcast service business, the Internet-based access control business, the video hosting service business using the Internet, the video hosting service business using the Internet, the telephone service business using the Internet, the Internet, the Internet communication business, the Internet communication business for computer games, the image transmission business using the computer, the date of filing of the registered trademark/registration/registration date/registration date of the products using the computer: 14th line, electronic precious metals, the 14th line, handbook, spon, spon, spon, sponton, sponton, sponton, sponton, sponton, sponton, sponton, sponton, sponton, spton.

B. The Defendant’s mark and the use of the Defendant’s mark are the company that runs Internet shopping mall sales business, clothing manufacture, wholesale and retail business, etc. under the name of the clothing brand called “L” and, until June 2018, the company located in the Internet Open Market Co., Ltd. (hereinafter “M sales store”).

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