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(영문) 서울중앙지방법원 2016.11.10 2016가합519930

부정경쟁행위 금지 등 청구의 소

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Among the products of the plaintiffs, the package of Clren Clren Defendant Products (Clrenerersers) containers and packaging containers

1. The summary of the case is as follows: (a) the Plaintiffs’ manufacture and sale of crener and other cosmetics using the containers and packaging indicated in the separate sheet (2) bearing the trademark of “EVOM” and the above trademark; (b) against the Defendant who sells crener by using the trademark (RUB LM), containers and packaging indicated in the separate sheet (1); and (c) and Article 2 (j) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Prevention Act”); and (c) of the terms used in this Act.

1. The term "act of unfair competition" means any of the following acts:

An act of causing confusion with another person's goods by using another person's name, trade name, trademark, container or package of goods, or any other mark identical or similar to another person's goods, which is widely known in the Republic of Korea, or by selling, distributing, importing

(c) In addition to the acts of causing confusion as referred to in item (a) or (b), acts of using any product identical or similar to another person's name, trade name, trademark, container or package of goods, or any other product widely known in the Republic of Korea, or selling, distributing, importing or exporting any product using such product, without justifiable grounds prescribed by Presidential Decree, such as non-commercial use, or any other product that causes damage

(j) Other acts of unfair competition (hereinafter referred to as "unfair competition acts") that infringe on the economic interests of others by using the results, etc. achieved by considerable investment or effort of others for one's own business without permission in a manner contrary to fair commercial practices or competition order. The trademarks, containers, and containers listed in the separate sheet (1) as stated in the purport of the claim.