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(영문) 의정부지방법원고양지원 2019.01.18 2018가합72027
상호사용금지청구 등
Text

1. The defendant is the trade name "B" in Jeju City C building and electric vehicle sales business operated on the second floor.

Reasons

1. Basic facts

A. The Plaintiff’s establishment and business activity 1) was established on December 5, 2016, and established on December 5, 2016, the Plaintiff: (a) an electric vehicle (two wheels, three wheels, four-wheeled electric bicycles, electric bicycles, electric scooters and related parts; (b) an enterprise engaged in the import, distribution, sale, and service business of malicious dust; and (c) a company engaged in all incidental business related thereto; and (d) a trade name of “stock company A” on July 31, 2017, after its trade name was registered as “stock company D”,

8. 17. The original trade name was changed to A, a “stock company.”

2) At the time of its establishment, the Plaintiff established its head office in Gangnam-gu Seoul, Seoul, but moved its head office to F on August 16, 2017, and used it as its place of business until now. 3) The Plaintiff registered a trademark, including the phrase “H” and a letter-shaped door similar to its trade name on G date, and used it to promote its products on its Internet homepage, etc., and sells electric vehicles.

B. The Defendant established on November 30, 2017, and established on November 30, 2017, and operated an electric vehicle (two-wheeled, three-wheeled, four-wheeled, four-wheeled), electric bicycle, electric scooter and related parts, and the company that imports, distributes, sells, and sells malicious scoo, and services and other services incidental thereto. (2) The Defendant registered the trade name “B Co., Ltd.” (hereinafter “instant trade name”) at the time of its establishment, and then, established the head office in the Jeju-si building and provided publicity through its website and Internet sales site.

3) The Defendant registered the trademark in the shape of the word “(StateB)” and the letter “(s)B” on the I date, and the trademark in the shape of the deceased is in the same shape as that of the master pattern and that of the master pattern including the trademark that the Plaintiff registered on the G date. [Grounds for recognition] There is no dispute, and the purport of Gap’s evidence 1 through 6, 21, and 22 (including paper numbers, and the purport of the entire pleadings.

2. The defendant alleged by the plaintiff against Article 23 (1) of the Commercial Act.

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