logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.27 2014가합6936
상표권 침해금지
Text

1. The request for intervention by the independent party of this case shall be dismissed.

2. The plaintiffs' claims against the defendants are dismissed in entirety.

Reasons

1. The application for intervention by an independent party shall be considered lawful ex officio;

Unless there are special circumstances, such as application for prevention of harm, etc., in order for an independent party's intervention to be lawful, an independent party's intervention must have a separate subject-matter of lawsuit that cannot be compatible with the subject-matter of lawsuit, and the intervenor must make a separate claim that cannot be compatible with each other's assertion to both parties

However, in the case of the application for intervention by the independent party, the intervenor claimed against the Plaintiff Company for the implementation of the procedure for the registration of cancellation of the establishment of exclusive license for the trademark of this case, and at the same time claims against the Plaintiffs for the prohibition of use of the trademark of this case and damages against the Plaintiffs. The intervenor did not make any assertion and claim against the Defendants that are inconsistent with the allegations of the Defendants in this lawsuit, and no other circumstance exists to deem the application for intervention by the independent party of this case

Therefore, the application for intervention by the independent party of this case is unlawful.

2. Basic facts

A. The date of establishment, representative director, objective business, etc. of the original defendant company are as follows.

On May 26, 2003, the date of incorporation of the representative director of the company shall be the Dispute Resolution Co., Ltd. (Plaintiff 1) and the J Trademark Management Business Resolution Co., Ltd. (Defendant 1) on January 3, 2012 (Defendant 2) and the Dispute Resolution Co., Ltd. Co., Ltd. (Defendant 3) on September 3, 2013, 201 / [Registration Number: K] L household manufacturing and selling business.

B. The non-party LOM (a different registration number between Defendant 3 and Defendant 3) filed an application for the trademark “” (hereinafter “instant registered trademark”) with the Korean Intellectual Property Office as designated goods by using the goods listed in the separate sheet No. 2 as the designated goods, and registered the said trademark with the OO trademark registration number P.

In addition, the right to share of the registered trademark of this case was divided and transferred several times from 1986 to 2013, and the current status of the trademark right share is as follows.

arrow