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(영문) 서울중앙지방법원 2012.04.20 2011가합91451
상호등사용금지청구 등
Text

1. Among the instant lawsuit, the trade name listed in [Attachment 1] No. 4 and each trademark listed in [Attachment 2] No. 4 and 7 shall be included.

Reasons

1. On the basis of ex officio determination as to whether the Defendant’s infringement was specified, the Plaintiff did not specifically specify the name or the composition of the trademark constituting the Defendant’s infringement by stating that “the same, similar, or similar foreign characters as the words in paragraphs 4, 2, and 3 above, or the words in paragraphs 5 and 6 above,” in the attached Tables 1, 2, 4, and 7, in specifying the trade name and trademark seeking the injunction against use and the injunction against the Defendant.”

Whether a particular trade name or trademark is identical with or similar to “E”, “F”, etc. is clearly indicated only when a separate judgment is required by the court. Thus, if a judgment, such as the purport of the Plaintiff’s claim, is rendered, the specific nature of the text of the judgment cannot be satisfied, and all of the judgments of the same and similar nature are delegated to the executive agency, and thus, it cannot be permitted as it goes beyond the limit of the position.

Therefore, among the instant lawsuits, each claim for prohibiting the use of trademarks and each claim for the disuse of each trademark listed in attached Tables 4 and 7 of attached Tables 1 and 2 is unlawful.

2. Determination as to the remaining claims

A. The summary of the Plaintiff’s assertion (1) The Defendant changed the trade name on December 15, 2003 to “stock company G” but changed to “C”, a trade name as of November 16, 2009.

Comparing the trade name A (hereinafter referred to as “A”) and the Defendant’s trade name, “H,” the part of which functions to distinguish the trade name, is identical. As such, the Defendant uses a trade name that may be mistaken for the Plaintiff’s business, and the reason why the Defendant changed the trade name is to gain unjust benefits by taking advantage of A’s credit or reputation.

Therefore, according to Article 23(1) and (2) of the Commercial Act, the defendant is the defendant with each phrase stated in the attached list 1 to 3.

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