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(영문) 특허법원 2018.07.26 2017나2035
상표권 및 저작권 침해금지 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a company established on April 13, 201 for the purpose of research and development of cosmetics, manufacture, sale, trade, etc. The Plaintiff is a company established on April 13, 201 for the purpose of research and development of cosmetics, manufacture, sale, and trade business. Nonparty F is “A” (name of business registration: manufacture, wholesale, wholesale, wholesale business) and N Co., Ltd (established on September 11, 1997 and dissolved on December 5, 201; hereinafter “N”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) was established on February 22, 2008 for the purpose of trade business, etc. and Defendant C Co., Ltd (hereinafter “Defendant C”) was established on April 30, 199 for the purpose of manufacturing and selling cosmetics containers.

B. The filing date of the instant trademark registration: The filing date of the instant trademark registration: K owner: K owner’s product service business of the Plaintiff: No. 03 (cosmetics, etc.): The Plaintiff is a trademark as indicated below (hereinafter “instant trademark”).

A) However, the trademark of this case was registered: (a) while F applied for the trademark “” on G date, Nonparty H had already become aware of the fact that Nonparty H had already applied for the same trademark as the first date; (b) on July 30, 2014, the trademark of this case was registered upon the change of Plaintiff’s applicant status as Plaintiff. Meanwhile, as seen below in detail, the trademark of this case became final and conclusive through a lawsuit for invalidation of registration invalidation, as seen below; (c) around October 23, 2015, the Plaintiff registered copyright of this case was registered with the Korea Copyright Commission on the design as set forth in attached Table 1 List 1(1) and three similar works (hereinafter “registered works”). On May 2009, the date of creation and publication was applied for the copyright registration of the author as Plaintiff (F’s occupational work) and its proposal was registered with LW.

(c) F 1F during the Japanese export period.

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