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(영문) 부산지방법원 2015.06.18 2014가합51728
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff established B from February 20, 1993 to engage in the wholesale and retail business of bedclothes. On June 1, 1996, the Plaintiff registered his/her business with the trade name “C” and produced and sold bed, the Plaintiff established and operated C on November 28, 2006, and on April 11, 201, all the businesses run by C (hereinafter “D”).

)에 양도하였다. 2) 피고는 1990. 3.경 돌침대 생산판매 등을 목적으로 설립된 ‘장수산업’이 1992. 12. 16. 법인화된 회사로서, 1993년경부터 ‘長壽돌침대’ 또는 ‘장수돌침대’라는 표장을 사용하여 제품을 생산, 판매해 왔고, ‘장수’, ‘E(등록번호 F, 이하 ’이 사건 상표‘라 한다)’, ‘장수돌침대★★★★★’ 등을 비롯한 상표권을 등록하여 사용하고 있다.

B. The Plaintiff and the Defendant, on February 26, 2009, continued a long-term legal dispute on the grounds that they infringed intellectual property rights, including trademark rights, and the Defendant reached an agreement to terminate the legal dispute over several years on February 26, 2009, which has been on February 26, 2009.

Details are as follows:

(1) The Defendant and the Plaintiff shall fully withdraw their respective complaints and accusations and requests for adjudication and lawsuits with respect to disputes between the parties currently in progress by the end of February 2009, and shall not take any legal measures, such as criminal complaints and accusations or civil damages claims, against the other party and the interested parties (G, H, etc.) as well as the parties themselves and through third parties. (2) The Defendant and the Plaintiff respect their respective rights and do not infringe upon the other party’s rights.

However, the right should be exercised properly to the extent that does not violate the Trademark Act and the Unfair Competition Prevention Act.

3. The defendant and the plaintiff are guilty due to their disputes.

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