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(영문) 서울중앙지방법원 2017.07.20 2016가합507098
상표권 및 저작권 침해금지 등
Text

1. Each of the marks listed in the separate sheet No. 3, which are kept in the primary and conjunctive claims, among the instant lawsuits.

Reasons

1. Basic facts

A. The filing date of the trademark registration of this case and the trademark registration of this case: The filing date of the trademark registration of this case: K owner: The registration number of the date: the Plaintiff’s designated goods service business: No. 03 (cosmetics, etc.) Nonparty F applied for the trademark “G date,” which was actually operated by establishing and operating the Plaintiff on April 13, 201, but Nonparty H had already known that Nonparty H applied for the same trademark as the I date, and the Plaintiff obtained the Plaintiff’s status as the applicant from H on July 30, 2014, changed the applicant’s status to the Plaintiff and registered the trademark as shown below (hereinafter “instant trademark”).

(2) On October 23, 2015, the Plaintiff filed an application for copyright registration with the Korea Copyright Commission (F) on May 2009 on the date of creation and promulgation of the design and three similar works (hereinafter “,” “,” “,” “,” and “three similar works”) as the author’s work, and filed for copyright registration with the Korea Copyright Commission.

(hereinafter “instant registered work”). (b)

F’s Japanese export 1) F is a personal entrepreneur “A” (name of business registration: M) and N Co., Ltd. (hereinafter “N”).

(A) The export agent company of Korea (hereinafter “O”) from September 2009, with the trade name “A” of a personal enterprise.

2) Through this, the P Cosmetics bearing the trademark “” in Japan (hereinafter “instant Q Cosmetics”)

2) The Plaintiff exported the instant Q cosmetics to Korea through the Warsaw (hereinafter “R”), which is a Japanese corporation, through the importer agency in Japan and the manufacture-sale-making-making-making-making-making-making-making-making-making-making-making-making-making-making-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-matter

3) Meanwhile, the Warsaw (U Stock Companies, hereinafter “U”) is a Japanese corporation in which S, T and Special Relations (the representative director, director, etc.) are located.

the V.C. hereinafter referred to as “Korea Intellectual Property Office.”

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