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(영문) 특허법원 2017.07.14 2016나1219
운영계약 해지통보 무효 확인 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. The scope of the trial in the instant case filed in the first instance trial to confirm that the Plaintiff had the right to operate H news gathering headquarters based on the H news gathering headquarters operation contract on July 13, 2007. The Defendant filed a counterclaim (Article 1) seeking the prohibition of use of the registered mark in the instant case, ② a counterclaim seeking the prohibition of use of the trademark in the instant case, and a counterclaim seeking the implementation of the procedure for registration of cancellation of the trade name registration (Article 2-a-a-a-a-a-a-a-a-a-a-the-counter claim) and ③ a counterclaim seeking the prohibition of use of the Plaintiff's name (Article 2-b of the counterclaim claim) and ④ a counterclaim seeking the implementation of the procedure for registration of cancellation of the domain name in the instant case (Article 3-b of the counterclaim claim).

The first instance court dismissed the Plaintiff’s main claim, and dismissed the part concerning the Plaintiff’s use name and “a similar name” in the part concerning the Defendant’s counterclaim No. 2-B of the claim, and dismissed the part concerning the “stock company A” and “H” in the part concerning claim No. 1 and claim No. 3-A of the claim, and cited the remainder except the foregoing dismissal and dismissal.

Therefore, it is clear that an appeal has been filed against the part against the plaintiff among the part on the principal lawsuit and the part on the counterclaim.

Therefore, among the parts related to the principal lawsuit and the parts related to the counterclaim, only the cited parts except the above dismissed parts and the dismissed parts are subject to the judgment of this court.

2. The reasons for a judgment of the first instance shall be quoted by this decision pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

except that, in the last part of the judgment of the court of first instance, the following:

E. The part concerning non-prosecution disposition against the defendant representative director shall be added to the part concerning the ground for recognition of the fourth degree below the judgment of the court of first instance, and the "No. 51" shall be added to the part concerning the ground for recognition of the fourth degree below, and the part concerning the seven pages below shall be "the plaintiff" to the defendant.

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