상표법위반
All appeals by the Defendants are dismissed.
1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);
A. The “Seoul Plustystra” (hereinafter “instant business mark”) claiming that the victim, a foundation of the victim, Seoul Metropolitan Government (hereinafter “victim”) is one of its English names, is a combination of a conspicuous geographical name and a part which lacks distinctiveness, and thus, has no distinctive character. The victim set the English name as “Seul Symhopsho Group Ochestra” at the early stage of the establishment. Since several English names were used in combination, the instant business mark is not widely recognized within the country as a mark indicating the victim’s business.
B. The phrase “H” contained in the Defendant B’s trade name is considerably different from the victim’s instant business mark in terms of appearance, name, concept, and meaning. Accordingly, even when using it for the same or similar service business, it is not likely to cause confusion with the subject of the service business in light of trade norms.
2. Determination
A. Article 2 subparagraph 1 (b) of the Unfair Competition Prevention and Trade Secret Protection Act (limited to the Unfair Competition Prevention Act) provides that "an act of unfair competition under Article 18 (3) 1 (b) of the same Act, which is punished pursuant to Article 18 (3) of the Unfair Competition Prevention and Trade Secret Protection Act, means "an act of causing confusion with another person's business facilities or activities by using the same as or similar to another person's name, trade name, emblem, and other marks widely known in the Republic of Korea, and other marks indicating another person's business," and we examine whether the defendants are those who
B. Whether the instant business mark obtained well-known or not is widely known or widely known under Article 2 subparagraph 1 (b) of the Unfair Competition Prevention Act (i) whether the mark indicating another person's business has been widely known in the Republic of Korea is the period of use, method, pattern, quantity of use, scope of business, etc., and the actual circumstances of the business