Text
1. The defendant,
(a) manufacture, sale, transfer, display, import, and import of each product listed in Schedule 1(1) to 19;
Reasons
1. Basic facts
A. The Plaintiff Company is a company that produces and sells clothes, bags, flaps, cosmetics, bail, letters, visibility, etc., including handbags listed in the separate sheet No. 2 (hereinafter “Plaintiffs”) with the trade name of “D”, which has its head office in France.
Plaintiff
B A limited liability company (hereinafter “Plaintiff B”) is a company established on October 27, 1997 for the purpose of selling miscellaneous articles, such as clothes, shoes, liquid books, leather products, trade brokerage, etc., and sells the products produced by Plaintiff A in Korea.
B. The Defendant sells each product listed in the separate sheet No. 1 (hereinafter “Defendant products”) while operating online shopping mall (E).
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the plaintiffs' assertion
A. The form of the product of the plaintiffs, which is the primary claim, is widely recognized domestically as the mark of the plaintiffs' goods indicating their source. The defendant's sale of the defendant's goods identical or similar to the above, causing confusion among consumers. This constitutes an unfair competition act under Article 2 subparagraph 1 (a) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act").
B. The form of the product of the plaintiffs as the conjunctive cause of action constitutes a well-known mark widely known to all the world consumers as well as domestic, and the defendant's manufacturing and selling identical or similar defendant products thereby damaging the distinctiveness and reputation of the "type of the plaintiff's product" which is a well-known mark. This constitutes an unfair competition act under Article 2 subparagraph 1 (c) of the Unfair Competition Prevention Act.
The forms of the plaintiffs' products are the results made by the plaintiffs' considerable investment or effort, and the defendant uses them without permission.