logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.07.11 2017가합2018
특허권침해금지등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The Defendant, such as damages arising from patent infringement, manufactures and sells products listed in the attached Form, which falls under the scope of rights of the F “G” invention jointly owned by the Plaintiffs (hereinafter “instant patented invention”).

Since the above defendant's act infringes the plaintiff's patent right regarding the patented invention of this case, the defendant is obligated to prohibit the infringement as stated in the purport of the claim, destroy infringing articles, and pay compensation for damages to the plaintiffs.

B. The Plaintiffs, including damages caused by unfair competition, continued to produce and sell the original body of the Plaintiffs from around August 12, 2006, and acquired the distinctiveness of the original body of the Plaintiffs from customers or consumers for the purpose of preventing excessive output, thereby constituting “personally recognized product sign”.

As above, the Defendant produced and sold the same original body as the original body of the Plaintiffs with distinctive character, thereby impairing the Plaintiffs’ distinctive character.

In addition, the plaintiffs made a considerable effort and investment to create the original group of the plaintiffs, and the defendant, while working as a person in charge of the production and business management of the plaintiff company, uses information on the methods of producing the original group of the plaintiffs to gain unjust profits by using the original group of the plaintiffs without permission in a manner contrary to business morality or fair competition order.

Article 2 Subparag. 1 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Act”) provides that the Defendant’s act constitutes a single act.

(c) the Commission;

(k) As it constitutes an unfair competition act as referred to in items (k), the defendant is obligated to prevent infringement, destroy infringing products, and pay damages to the plaintiffs pursuant to Articles 4(1), (2), and 5 of the Unfair Competition Prevention Act.

2. Facts of recognition;

A. On February 17, 2017, the Defendant is the Plaintiffs as the Intellectual Property Tribunal No. 2017Da4455.

arrow