logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.28 2018가합568967
손해배상(지)
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. The Plaintiff’s registered design (hereinafter “instant registered design”) and the Plaintiff’s design right-holder’s design right-holder’s name: F3) filing date/registration number / (F3): G/H/I4); and (6) the Plaintiff produces Macpact from November 2017 to sell it in the form of packaging boxes using the instant registered design. B. The relationship between the Defendants, and the Defendants’ products (hereinafter “Defendant B”) are corporations engaged in wholesale and retail business, including cosmetics, and Defendant D is joint representative director of Defendant B.

2) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(3) From June 2018, Defendant C has produced the Macact as a product packed in the design packing box as follows. Since that time, Defendant B had sold it in the Internet shopping mall and off-line store operated by Defendant B.

[Ground of recognition] Gap evidence 6 (including provisional number; hereinafter the same shall apply), Eul evidence 5 and 6, the non-contentious facts, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff suffered loss to the Plaintiff due to the Defendants’ infringement of design rights or unfair competition acts; (b) the Plaintiff sought payment of KRW 50,000,000 as part of the damages incurred to the Plaintiff due to the Plaintiff’s selective cause of the infringement of design rights or unfair competition acts.

1) The Defendants infringed the Plaintiff’s right to registered design of this case by selling Mack factoring, which is similar to the registered design of this case, to the Macp Factor package. 2) The Plaintiff’s “J” Macp package box is the Plaintiff’s product mark widely known in the Republic of Korea. The Defendants packaged Macp package, which is similar to the Plaintiff’s Macp package.

arrow