beta
Text
1. The defendant,
(a) the marks listed in the Schedule 1 on the goods or the packaging of the goods listed in the Schedule 2;
Reasons
1. Basic facts
A. The Plaintiff’s registered trademark (hereinafter “instant registered trademark”) 1: (2) filing date/registration date/registration number: C/D/E3: Designated goods of Chapter 27: G/D/E: The renewal of the duration of trademark right: Plaintiff 5: June 24, 199 and November 2, 2009; Defendant products are the marks listed in the attached Table 1 (hereinafter “each of the instant marks”) from at least 2013 to 2018.
(B) attached and sold B to the goods listed in Appendix 2. [Grounds for recognition] without dispute, Gap evidence 4, 7-11, and 14 (including each number; hereinafter the same shall apply)
- The purport of the whole pleadings
2. The parties' assertion
A. The summary of the Plaintiff’s assertion 1) The Defendant infringed the Plaintiff’s trademark right by using each of the instant marks identical or similar to the instant registered trademarks verbally for women as designated goods of the instant registered trademark. 2) The Defendant’s act of attaching each of the instant marks on the Defendant’s product constitutes “an act of causing confusion with another’s goods” under Article 2 subparag. 1 (a) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) or “an act of dilution with a name tag.”
3) Accordingly, the Plaintiff seeks selective relief from infringement of trademark rights or damages based on each unfair competition act. From 2013 to 2018, the Defendant sought compensation for losses and prohibition of infringement based on the Plaintiff’s trademark rights infringement: (i) KRW 1,703,450,212, the profit gained by the Defendant’s infringement of the Plaintiff’s trademark rights from 2013 to 2018 (i.e., the overall sales amount of the Defendant ¡¿ the product infringement 】 an average return rate based on statistics 】 the sales amount of infringed products x gross profit rate) or KRW 618,158,986 (i.e., the infringing product x the gross profit rate) or KRW 384,029,190 (i.e., the average return rate based on statistics x the sales amount of the infringed product x the amount of damages and delay damages. (ii) The Defendant’s assertion that each of the marks of this case