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(영문) 특허법원 2017.08.18 2016나1158
서비스표권침해금지등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall set forth in attached Form 1-B among attached Table 1-B.

marks described in paragraph (1),

Reasons

1. Facts of recognition;

A. The Plaintiff’s status and the instant registered service mark right 1) The Plaintiff, on April 8, 1998, changed his trade name from “Company G Research Institute” to “A” corporation on October 1, 2010 for the purpose of operating a private teaching institute and operating a private teaching institute, etc. (hereinafter “instant service mark 1”) and registered the establishment of the service mark right with respect to the service mark indicating G as indicated in H Appendix 1 List 1 (hereinafter “instant service mark”). On March 29, 200, the Plaintiff received the registration of the transfer of the instant service mark 1 from N on October 6, 200, and then transferred part of the instant service mark 1 service mark right to Nonparty K to Nonparty K as of October 1, 200.

3) On January 6, 2001, the Plaintiff along with K as the mark indicated in attached Table 1 List 1 List 2 (hereinafter “instant 2 service mark”). The Plaintiff is “each of the instant registered service marks” along with the instant 1 service mark.

(B) On July 21, 2016, at the time of applying for registration and at the time of J registration, K and the instant secondary service marks co-ownership. (b) On the outside of the building D (hereinafter “instant building”) located in Seoan-gu, Seoan-gu, Seoan (hereinafter “instant building”) as of July 21, 2016, the following marks (the left side is the same as the mark of paragraph (5) in the attached list 2, and the right side is the same as that of paragraph (3) in the same list) are installed, respectively:

G2) In addition, the information board for each floor inside the building of this case has an indication of the enterprise located on each floor, and the seven floors are the same as the mark of paragraph (2) in attached Table 2 as the following.

G3) The contact point of a private teaching institute is indicated as follows, along with the Defendant’s portrait. The contact point is the same as the contact point expressed in the signboard on the first floor of the instant building as seen earlier.

G4) On the other hand, on the website of CG, the following marks (attached Form 2) are attached to the upper end.

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