1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff and the Defendant’s status 1) are corporations incorporated on April 22, 2010, with the purpose of manufacturing and selling hot-resistant containers and kitchen supplies. 2) The Defendant is a corporation incorporated on April 28, 2003, with the purpose of manufacturing and selling plastic household goods and metal household goods.

B. The Plaintiff’s filing date 1) of the instant registered trademark (Evidence 23) / the registration date / the registration number: C/D/E2: 3 designated goods: “Water tank, cold and hot water tank, Boionbags, Boionbags, Boionbags, Boionbags, Boionbags, icebags, portable icebags” in Category 21 of the Product Classification

C. The Defendant, the second mark of this case, which was the mark of this case, which was the mark of the Defendant’s goods divided into the Defendant’s use mark, uses the following marks in the physical disease of the small and medium temperature that the Defendant produced and sold, respectively:

On October 13, 2014, the Plaintiff filed an application against the Defendant for provisional disposition seeking the prohibition of the use of the First and Second Marks on the ground of infringement of the registered trademark rights of this case by the District Court Decision 2014Kahap5166.

On June 18, 2015, the above court dismissed the above application on the ground that the mark 1 of this case constitutes a trademark indicating its trade name in a common way, and that it does not constitute a case where one uses his trade name for the purpose of unfair competition after the establishment of trademark right is registered, and the mark 2 of this case is recognized as preserved right and the decision citing the above application was made by recognizing the necessity of preservation.

2. On July 9, 2014, the Defendant sold Bodok disease on which the first mark, etc. of this case is indicated, and thereby, constitutes "Unfair Competition Prevention and Trade Secret Protection Act" (hereinafter referred to as "Unfair Competition Prevention and Trade Secret Protection Act").

(1) The lower court rendered a judgment dismissing the appeal on October 13, 2016, which was charged for committing a violation and was pronounced not guilty on March 16, 2016 (No. 2014 high-level 1151 and the appellate court’s appeal on October 13, 2016).