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

A. On January 3, 2013, the Plaintiff filed an application for the service mark “Oprod and off-off Rod” (hereinafter “instant service mark”) with the holder of the service mark registered on April 2, 201, and held several times from around April 2, 201 to the name of “4 x 4 bit 4 bit 4 bit 3.”

B. From July 31, 2015 to the same year

8.2. By the end of February, a local government that held the second wheels festival, and the Defendant Bosung Esti (hereinafter referred to as the “Defendant Company”) holds a “4x 4x 4 prodle competition/Modle competition in collaboration with Defendant Bosa-gun at the above festival.”

2. Determination on the cause of the claim

A. The main intent of the Plaintiff’s assertion is to use the name of the Plaintiff’s competition widely known to the Republic of Korea as it is, and to use the Plaintiff’s photograph without permission, thereby causing confusion with the Plaintiff’s competition. This constitutes an unfair competition act under Article 2 subparag. 1 (b) or (j) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

Therefore, the Defendants are also liable to compensate the Plaintiff for the damages caused by the said unfair competition act.

B. Article 2 Subparag. 1(b) of the Unfair Competition Prevention Act defines “an act that causes confusion with another person’s business facilities or activities by using the same or similar signs as another person’s name, trade name, or emblem widely known in Korea, or any other mark indicating another person’s business as one of the unfair competition acts.”

However, ‘4 x 4 ludial Games’ used by the Defendants is merely a general expression that indicates the Games that the private car is different from the non- packing, and there is no reason for the Defendants not to use it. The evidence submitted by the Plaintiff alone is the name of the said Games used by the Defendants as the Plaintiff’s business mark.