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(영문) 인천지방법원 2017.06.02 2016가합57044
부정경쟁행위금지 등 청구
Text

1. The defendant's publicity advertisements, including publicity e-mail of the products produced and sold by the defendant.

Reasons

1. Basic facts

A. Plaintiff DMPP Co., Ltd. (hereinafter “Plaintiff DMP”) is a company established for the purpose of manufacturing, selling, etc. food and beverage smoking business. Plaintiff DMT Co., Ltd. (hereinafter “Plaintiff DMT”) concluded a contract with Plaintiff DMP on November 5, 2014 for the use of tangible and intangible assets between Plaintiff DMPP and acquired the right to use Plaintiff DMP’s product marks, product designs, etc.

B. The plaintiff DMP manufactures and manufactures the sprinking product for food beverages to export it to a foreign country, or exports the above sprink product to a foreign country through the plaintiff DMP, and the plaintiff DMP also exports the plaintiff DMP product to a foreign country in accordance with the contract for the use of tangible and intangible assets entered into with the plaintiff DMP.

C. The Defendant is a company established for the purpose of manufacturing and selling water treatment instruments products attached to water purifiers, etc. for the purpose of manufacturing and selling them, etc., and manufactures and produces the strawing products for drinking beverages and sells them to Korea and abroad.

On March 9, 2016, the Defendant sent a promotional e-mail (hereinafter “instant e-mail”) to the effect that “the Defendant wishes to become a business partner of the company even if he wanted to become a member of the company” (hereinafter “instant e-mail”), which is located in Hungary, and the file of the product list listed in the attached list (hereinafter “product list”) was attached to the said e-mail.

Each product listed in the product list of this case contains products manufactured by the plaintiffs and exported to foreign trading enterprises, including high-level companies, and their designs, specifications, and parts are the same. The defendant uses products photographs, etc. of the plaintiffs.

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