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(영문) 서울중앙지방법원 2020.07.08 2018가합549973
손해배상(지)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company C (hereinafter “instant company”) that engages in the business of exporting and importing character (manufacturing), the business of importing and exporting character, the business of designing character, the business of design, the business of design, the wholesale and retail business, etc.

) In collaboration with D, Attached 2 character "D" (hereinafter referred to as "the character in this case")

(2) The term “the instant race” (hereinafter referred to as “the instant race”)

(2) The Defendant is a company that manufactures and sells chemical products, manufactures and sells consumer products, manufactures and sells cosmetics, and sells cosmetics.

B. On November 21, 2012, the Defendant purchased the instant race “H” from “G operated by the Plaintiff prior to several years by a photographer,” and took the instant race type as shown in attached Form 3, the Defendant’s production’s “Epid” product packaging character, and used the pictures posted on the overseas site I (hereinafter “the instant pictures”) as packaging designs, such as E E E E Had E E Had’s hye, coact, and E hye products (hereinafter “instant products”).

C. On February 15, 2016, the highest company against the Defendant, such as suspending copyright infringement, confirmed that the Defendant manufactured, sold, and distributed the instant character by using the instant character without permission, and that such act constitutes an infringement of copyright, and thus, constitutes an act in violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), the Trademark Act, and the Design Protection Act, and thus, immediately suspending the act and compensate for damages therefrom. The highest letter to the effect that “the instant character” (hereinafter “the highest letter”) sent to the Defendant by content-certified mail and reached the Defendant around that time.

With respect to the character of this case on the J date, the Plaintiff’s copyright registration shall be the kind of “works”: applied art character.

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