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(영문) 서울고등법원 2015.07.16 2015나2016772
상표권침해금지 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s status 1) The Plaintiff is a company established on August 11, 197 and engaged in the “production and sales business of learning sites”, and each registered service mark (hereinafter “each of the instant registered service marks”) as indicated in [Attachment 1] Table 1.

(2) On October 29, 2009, the Defendant is a company established with the purpose of “general private teaching institute education service business, lifelong educational facility operation business, etc.” under the trade name “stock company’s own”.

B. The Defendant running online educational service business (1) from May 201 to May 1, 201, operated the lifelong education center “Sro.AC” under the domain name “B,” “www. Sro.C.,” respectively, with the domain name “www.Sro.C.,” and “www.co.,” respectively (hereinafter these domain names collectively referred to as “Defendant’s respective domain names”).

(2) Around July 2014, the Defendant, along with its domain name, transferred the business of “Saly Remote Lifelong Education Center” to the Worldnet Co., Ltd., and “Saero School Support Center,” along with its domain name, directly transferred the business of “Saly Remote Lifelong Education Center.” At present, the Defendant, along with its domain name, has operated only the Lifelong Education Center as “Sas.”

3) The defendant's marks "Sro" and "sro" (hereinafter referred to as "the defendant's marks") in each of the above businesses.

) “On-line education service business”, including offering the Internet lectures for acquiring qualification certificates, has been engaged in, or has been engaged in, the online education service business (based on recognition). [No dispute exists, Gap evidence 1 through 6, 39, 40, 46 through 51 (including the serial number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff's assertion 1 uses the defendant's domain name and each of the defendant's marks identical or similar to each of the registered service marks of this case.

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