” 막걸리 영탁 이름 떼라 ” 분쟁 1심 승소

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” 막걸리에서 ‘영탁’ 떼라 ” … 가수 영탁, 상표권 분쟁 승소

  • 범원 “예천양조가 허락받고 대가 지급했다고 오인할 수 있어”
영탁막걸리 광고모델로 활약했던 영탁 [예천양조 제공. 재판매 및 DB 금지]
영탁막걸리 광고모델로 활약했던 영탁 [예천양조 제공. 재판매 및 DB 금지]

영탁 소송 관련 언론보도 내용 : https://www.segye.com/newsView/20230730508866?OutUrl=naver

 

‘영탁막걸리’를 두고 제조사 예천양조와 분쟁을 벌이고 있는 가수 영탁이 민사소송 1심에서 승소했다.

30일 법죠계에 따르면 서울중앙지법 민사합의62부(이영광 부장판사)는 영탁이 예천양조를 상대로 제기한 상품표지 사용금지 등 청수 소송에서 원고 일부 승소로 판결했다.

법원은 ‘영탁’으로 표시된 막걸리 제품을 생산·양도·대여·수입하거나 이를 막걸리 제품 포장·광고에 표시해서는 안 되며 이미 제조한 제품에서도 제거하라고 명령했다.

재판부는 “피고가 ‘영탁’을 막걸리 제품이나 광고 등에 사용함으로써 일반소요자나 거래자가 원고와 피고 사이에 밀접한 관계가 있다고 혼동하게 했다고 봅이 타당하다”고 판단했다.

또 “이를 계속 사용한다면 피고가 원고로부터 허락받고 대가를 지급하는 등 특정한 영업상·계약상 관계가 존재한다고 오인할 수 있다”고 판시했다.

재판부는 이 막걸리가 출시된 2020년 예천양조의 매출액은 약 50억원으로 전년 대비 4,245% 증가했고, ‘소비자가 뽑은 올해의 브랜드 대상’을 비롯한 여러 상을 받았다는 점에서 ‘영탁’이 막걸리 분야에서 상당히 강한 식별력과 고객흡입력이 있다며 이 같이 판단했다.

 

농업회사법인 예천양조 : https://www.jobkorea.co.kr/company/45392107

 

다만 제3자가 점유 중인 제품에 대한 폐기 청구는 각하했다.

예천양조는 2020년 영탁 측과 1년간 계약을 맺고 그래 5월 ‘영탁막걸리’를 출시 했다.

그러나 이듬해 6월 광고모델 재계약 협상이 결렬되며 갈등이 불거졌다.

영탁 측은 계약이 종료됐는데도 예천양조 측이 ‘영탁’을 사용한다며 2021년 민사 소송을 제기했다.

예천양조 측은 1심 판결에 불복해 이달 25일 항소장을 냈다.

예천양조 백구영 회장은 2021년 ‘영탁 측이 거액을 요구해 재계약이 결렬됐다’는 허위 사실을 유포한 혐의로 기소돼 재판 중이다.

 

더 많은 정보 더 많은 이슈 https://yeomsm.com/

 

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