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(영문) 서울동부지방법원 2015.02.11 2014가합105118
상호 등 침해금지
Text

1. The plaintiff's main claim is dismissed.

2. The defendant is the defendant's trade name with the word "sexual harassment".

Reasons

1. Main claim;

A. The Plaintiff’s assertion is a company established in the strongness of the People’s Republic of China in 1992, which currently runs the distribution and multi-level marketing business in the 13 countries around the world, and is listed on the order of sales of direct sales (multi-level marketing) global companies in 2013, and each of the letters listed in the separate sheet, which is a Chinese or Anglo-American expression, is widely known in Korea.

Although the defendant does not have the right to use the above plaintiff's business mark, he operates the Internet homepage using the trade name "Sarich.co.r" or the Internet domain name "Lirich.co.r" which is identical or similar to the plaintiff's business mark, etc., he shall post a photograph identical or similar to the plaintiff's photograph on the Internet homepage, and publicize or indicate as if the plaintiff

As above, the Defendant uses the word “sexual harassment” as the Defendant’s trade name, and uses each of the letters listed in the separate sheet for the Internet homepage or Internet domain name operated by the Defendant is as follows: (a) the Defendant’s business activities are confused with the Plaintiff’s business activities; (b) the Plaintiff assumes the Plaintiff’s goods; and (c) uses the domain name identical or similar to the Plaintiff’s business mark without any justifiable title; and (d) the terms used in this Act are as follows.

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

(Omission)

(b) Making confusion with another person's business facilities or activities by using any one identical or similar to the name, trade name, or emblem of another person or any other mark indicating another person's business, which is widely known in the Republic of Korea;

C. Above

(e) (Omission)

(f) misrepresentation another person's goods; or

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