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(영문) 서울중앙지방법원 2019.07.18 2017가합531517
재고인수대금 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s representative D is a trademark right holder of the instant registered trademark as follows.

1) Date of application/registration date/registration number: E/F/G 2): Designated goods: Babs (for women's use, glass, frts, protons, semi-virts, vinyls, vinyls, slocks, sandbs, etc.)

B. On September 6, 2012, the Defendant, using the instant registered trademark of its representative D, entered into a license agreement (hereinafter “the first contract of this case”) with A (hereinafter “A”) around September 6, 2012, which contains the following content, to manufacture a new product with the said trademark in the form of order manufacturing and sell it through home shopping.

(A) The contract refers to “H” trademark in the contract. On the other hand, although the contract contains any indication as the owner of the trademark right, it appears that the Defendant’s representative has a trademark right to obtain exclusive sales right for the instant registered trademark of this case. However, for business convenience, the contract was prepared separately to be submitted to I, and the contract was entered as one year from September 1, 2012 to September 6, 2013, but the contract was actually agreed upon between the Defendant and A as follows.

Article 1 The purpose of this Agreement is to set forth the terms, conditions, and methods for all matters in selling new products (hereinafter referred to as “products”) in the Home shopping mall using the trademark owned by the Defendant “H” by A, and to facilitate the smooth trade between the parties.

Article 2 (Effective Period of this Agreement) The effective period of this Agreement shall be three years from September 7, 2012 to September 6, 2015.

Article 3. The trademark name under the contract for the scope of trademark and business scope shall be "H", and the business under this contract shall be limited to "domestic home shopping".

§ 4. The type of transaction provided for in this Agreement.

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