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(영문) 서울중앙지방법원 2015.05.21 2015고단299
상표법위반등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in this case is as follows.

The Defendant is a person who entered into an exclusive transaction agreement with Madrid Limited Liability Company, which is a complainant who sells native water or conducts education in producing native water in France, on the implementation, etc. of trademarks and service marks from September 4, 2002 to January 22, 2013, and operates D in Gangnam-gu Seoul Metropolitan Government. No person shall cause confusion with another person’s business facilities or activities by using a mark identical or similar to another person’s name, trade name, trademark, product containers and packaging, or other marks widely known in the Republic of Korea, and shall not infringe another person’s service mark. Nevertheless, even after the termination of the exclusive transaction agreement with the complainant on the implementation, etc. of the trademark and service mark, the Defendant continued to cause confusion with 80 GMA 1, 201, the Defendant’s business place and Defendant’s website (E) that had already been widely known in the Republic of Korea with 80 GMA 4, 200, 600, 80, 60, 14, 1.

2. In full view of the following circumstances acknowledged by this court based on the evidence duly admitted and investigated, the evidence submitted by the prosecutor alone cannot be deemed sufficient to prove the above facts charged.

The infringement of trademark rights and service mark rights (1) facts are as follows.

On September 4, 2002, the Defendant was with Switzerland presses International L.L.C.

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