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(영문) 서울중앙지방법원 2016.08.10 2015가합527736
서비스표권침해금지 등
Text

1. The Defendants are advertising, fixed price lists, and marks indicated in the separate sheet No. 1 as to the designated service business indicated in the same list.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established on December 1, 2009 for the purpose of online educational information providing industry, private teaching institute business, etc., and Defendant B is a person who operates a private teaching institute in Sungwon-si, Sungwon-si, Sungnam-si, and Defendant C is a person who operates a private teaching institute, respectively. 2) The Plaintiff filed an application for the trademark service mark indicated in Annex G 1 (hereinafter “instant service mark”) with H, registered it, and transferred the right to the instant service mark to I, and completed its registration.

3) The Plaintiff is a trademark listed in J-Attachment 2 (hereinafter “instant trademark”).

(B) Upon filing an application and completing K’s registration. The Defendants using the Defendants’ marks are the marks (hereinafter “Defendants’ marks”).

(C) On July 15, 2015, Defendant B operated a private teaching institute with the name of “L” changed from “L” to “M”, and Defendant C used the above mark while operating the private teaching institute with the trade name “N” from around 2008. (c) On July 15, 2015, the Defendants asserted the Defendants’ mark against the Plaintiff as the mark subject to confirmation. The Defendants claimed a passive trial to confirm the scope of the instant service mark and the instant trademark, respectively (with respect to the instant service mark, the mark subject to confirmation by Defendant C does not fall under the scope of the instant service mark or the instant trademark right, as it does not fall under subparagraphs 1 through 31 of the Trademark Act, and thus does not fall under the scope of the instant trademark or the instant trademark right.

2. The Korean Intellectual Property Trial and Appeal Board marks "The defendants' marks subject to confirmation" on January 15, 2016 are in this case.

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