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(영문) 서울중앙지방법원 2014.10.10 2013가합91684
상표권 침해금지 등
Text

1. The defendant shall use each service mark listed in the separate sheet for goods or their packaging and advertising advertisements, and shall use it.

Reasons

1. Basic facts

A. (1) The Dispute Resolution Co., Ltd. (hereinafter referred to as the “C service mark”) shall be the respective service marks listed in the separate sheet related to the private teaching institute business (hereinafter referred to as “C service mark”).

(2) On May 17, 2010, the Seoul Central District Court 2010Kahap50101 filed a lawsuit seeking revocation of registration of fraudulent act against B as the transfer of the right to use the service mark, etc. between the registration book and the registration book of the Seoul Central District Court 2010Kahap50101 against B, which was registered in the name of the registration holder B around April 2010.

3) On the other hand, from January 201, 201, the LIMS School began to operate the private teaching institute business using the C service mark, etc. through a contract with the KCA, and on September 9, 2011, the above fraudulent act revocation lawsuit was rendered on September 9, 201, and the judgment became final and conclusive around that time. (B) After the Defendant’s private teaching institute business operating the private teaching institute business using the C service mark right, the KCA entered into a business takeover agreement with the Defendant on February 29, 2012 with the Defendant to transfer all the business and related assets related to C service mark, etc. to the Defendant.

2) Accordingly, the Defendant began to use the C service mark by concluding a contract to supply learning materials, such as a brand-use agreement that provides rights to use C’s service mark with various damp companies across the country or a reference letter indicating C’s service mark. C. The progress of the auction procedure for the C service mark, etc. and the Plaintiff’s C service mark award 1) However, the Korea Mutual Savings Bank in charge of the instant lawsuit seeking revocation of fraudulent act around March 2012 is subject to the judgment of the court below.

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