The defendant shall be innocent.

No person charged with facts of prosecution shall cause confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or other marks indicating another person's goods, which are widely known domestically, or by selling, distributing, importing, or exporting goods using such one.

The defendant is the representative director of C Co., Ltd. engaged in the business of manufacturing parts related to electronic communications, and the victim D Co., Ltd. (representative E) is a company engaged in mobile phone cases and the business of manufacturing and selling malicious books.

The victim made a mobile phone case using a simple susphical timber as a material, made a mobile phone case using a publicity phrase "F" from 201 to publicize the product. On September 19, 2012, the victim was selected as an excellent design product from the Ministry of Knowledge Economy and the Korea Institute of Design Promotion in the name of "G".

From July 2013 to January 2014, the Defendant produced a mobile phone case with the H building Cdong 1931 located in Seongbuk-gu, Sungnam-si, the Defendant committed an unfair competition by making a mobile phone case with the victim, such as the victim, and manufacturing design products similar to the goods selected by the victim as excellent design products, and displaying at the same time the publicity phrase “G used by the victim for advertising similar to the I-shaped trademark used by the victim at the time of publicity of the product,” thereby leading the general public to confuse the mobile phone case produced by the Defendant as the case manufactured by the victim.

Judgment

Article 2 subparagraph 1 (a) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as the "Unfair Competition Prevention and Trade Secret Protection Act") uses goods identical or similar to another person's name, trade name, trademark, containers and packages of goods, and other marks widely known in the Republic of Korea, or sells and distributes goods using such marks.