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(영문) 서울중앙지방법원 2018.02.08 2017가합515997
부정경쟁행위금지 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From 2010 to 2010, DNA from Russia, developed the digital visibility of the following designs (hereinafter “D design”) and produced in Czeco and sold it to Europe, the United States, etc., and awarded D design E in 2012.

F Products in China, Haway Emway Embred Products in China, Mawrewn Co., Ltd., which were sold in JH in the actual operating photographs of the F Product component photographs - Chinese Farway Empid Products in China

B. At around 2014, many Chinese companies have already produced and sold 3DD digital visibility (hereinafter collectively referred to as “HD visibility”), which is similar to D’s design, and Nonparty G (the legal marriage report around March 7, 2014 with the Plaintiff and the Plaintiff) sold PE visibility in Korea while operating the Internet shopping mall of “H” from September 19, 2014.

C. The Plaintiff produced and sold 3DD digital visibility (hereinafter “Plaintiff’s products”) using the trademark “K” from June 2015.

K Product component photographs and actual operating photographs

D. Defendant B (trade name: L) produced and sold 3D digital visibility (hereinafter “M visibility”) using the trademark “M” from November 2016.

(Attached 1 but photographs, including actual operating figures, are as follows). M Product composition photographs shall be de facto operated photographs.

E. Defendant C (N: N) produced and sold 3DD digital visibility (hereinafter “O visibility”) using the trademark “O” from August 2016, 2016, and hereinafter “Defendant C’s products”).

(attached Form 2, but photographs, including actual operating figures, shall be as follows). The actual operating photographs of M/products shall be as follows.

F. In addition to the Plaintiff, the Defendants, and the above Chinese companies, a number of companies (including Kwon, P, Hachi, Q, R, S, and Hauno, etc.) are currently engaged in 3D digital visibility in the form similar to the foregoing visibility.

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