(영문) 수원지방법원 2017.02.14 2015가합3450

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(영문) 수원지방법원 2017.02.14 2015가합3450

상표사용료

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic facts C is a trademark right holder who has registered a trademark "D (trademark registration number E; hereinafter "the trademark of this case") with a new letter, etc. as designated goods, and the plaintiff is an exclusive licensee who has completed the registration of the trademark of this case as "the trademark of this case: from May 10, 2006 to December 9, 2015: the whole country of the Republic of Korea, the designated goods of the Republic of Korea, and the designated goods of the Republic of Korea."

On June 14, 2010, the original Defendant concluded a contract to establish a non-exclusive license (hereinafter “instant contract”) with respect to the trademark right of this case as follows.

Article 2 (Definitions)

1. A contracting trademark plaintiff has exclusive license and approves the use of the trademark to the defendant.

2. Contracted D: All items falling under trademark registration number E. Article 4 (Scope of Right to Use)

1. Period of use: Between July 11, 2010 and December 9, 2015 (53 months): 4 years (53 months): A non-exclusive license;

3. Area to be used: The entire area of the Republic of Korea. Article 5 (Method of Payment of Heat)

1. The defendant shall pay 70% of the profit to the plaintiff per year.

2. The defendant shall pay 50% of the profit every year to the plaintiff.

[Conditions of special agreement] Article 1: The defendant is obligated to pay to the plaintiff 50% of the profit every year, and the contract shall be automatically cancelled if it fails to perform the obligation.

Article 4: The plaintiff shall, when the defendant requests documents necessary for the contract with all necessary documents and other companies while using the trademark, deliver the necessary documents to the defendant without delay without filing an objection.

Article 5: Upon entering into a trademark use contract with the defendant, the plaintiff may not conclude or transfer the plaintiff's exclusive license and non-exclusive license to another company and others, and shall compensate the plaintiff twice the amount paid for the violation and shall not raise any objection.

Article 6: The plaintiff transfers or closes a corporation (the plaintiff company) to another person.

유사 판례

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