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(영문) 서울중앙지방법원 2017.06.23 2015가합560535
손해배상(기) 등 청구의 소
Text

1. The plaintiff (Counterclaim defendant) is the clothes, shoess, bankings, wallings, scarf products, and marks listed in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The party status 1) The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) is the Defendant

) Using the trademark “OILY”, all products, such as women’s clothes, children’s clothes, and bags (hereinafter the Defendant’s misleading trademark) are “OILY”.

(ii) each mark listed in the separate sheet of the Netherlands that manufactures and sells the Netherlands (hereinafter referred to as “the Lao trademark”).

(1) The Plaintiff (Counterclaim Defendant, hereinafter referred to as “Plaintiff”) is the owner of the trademark right.

(2) Around December 1988, the Defendant and new currency Korea Co., Ltd. (hereinafter “new currency Korea”) entered into an exclusive sales contract with the Defendant for the term “the content that new currency Korea shall exclusively import and sell, and be granted the right to use the trademark” (hereinafter “instant exclusive sales contract”). Around that time, the contract was entered into with the Defendant and the new currency Korea (hereinafter “new currency Korea”) on the exclusive sales contract with the term “the content that new currency Korea shall be granted the right to use and sell,” and imported and sold, the products that can be omitted from that time.

3) In addition, on August 10, 2011, new currency Korea entered into a license agreement with the Defendant on the content that “new currency Korea shall produce and sell any product that will be used a misleading mark on its own, and pay the Defendant a trademark fee therefor,” and manufactured, imported, and sold any product that is directly imported from the Defendant through the consignment company (hereinafter “import product”), and the products that the Plaintiff imported and sold through the consignment company.”

) In addition, on December 24, 2012, Newly Inserted by Act No. 11034, Aug. 10, 2011; Act No. 11354, Dec. 24, 2011; Act No. 11335, Dec. 24, 2012; Act No. 13354, Dec. 24, 201; Act No. 13354, Dec. 24, 20

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