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(영문) 서울중앙지방법원 2016.07.13 2015가단75269
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts without dispute;

A. On November 27, 2012, the Plaintiff released each electronic book (North Korea) under the title “D” and “E” on May 21, 2013.

B. Defendant B entered into a publishing contract with Defendant C, and published the paper “E” on March 3, 2014.

2. The Plaintiff asserts that the Defendants jointly and severally are liable for compensation for damages sustained by the Plaintiff, since the Defendants’ act of selling the aforementioned paper by publication constitutes an unfair competition act under Article 2 subparag. 1 (a) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), which constitutes an act of causing confusion with the Plaintiff’s book by using a mark recognized by personal identification as the Plaintiff’s book title.

If the purport of the entire argument is added to the statements or images of evidence Nos. 27 and 28, it is recognized that the above book published by the defendant is very similar to the Plaintiff’s book in terms of the Plaintiff’s book, which is a kind of annual guideline, and its title is completely identical to the Plaintiff’s book, as in the Plaintiff’s book.

However, the evidence presented by the Plaintiff alone corresponds to the identification mark of the goods, “E” or “D”, which is the title of the books published by the Plaintiff.

(E) The Plaintiff’s book title cannot be seen as widely known in the Republic of Korea, and there is no other evidence to acknowledge it otherwise.

Therefore, the claim of this case on the premise that the act of withdrawal of the above paper of the defendants constitutes an unfair competitive act is without merit.

3. Accordingly, the Plaintiff’s claim against the Defendants is dismissed in entirety.

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