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(영문) 대구지방법원 2018.09.11 2018고정479
부정경쟁방지및영업비밀보호에관한법률위반
Text

The defendant shall disclose the purport of a judgment of innocence.

Reasons

1. The Defendant is a person who operates “C”, a company that sells furniture, miscellaneous, cosmetics, agricultural products, etc. online advertising.

No trademark right or exclusive use right shall be infringed, such as using a trademark identical with another person's registered trademark on goods similar to the designated goods, or using a trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods, and no trademark right or exclusive use right shall be infringed, by using any trademark identical with or similar to another person's name, trade name, or emblem widely known in Korea, or any other trademark identical with

Nevertheless, around January 11, 2017, the Defendant registered “C” as a seller at the Internet shopping mall, “G”, “G”, “11 times”, and “personal wave,” etc. When advertising cosmetics as “E,” a trademark similar to “D,” a trademark widely known in the Republic of Korea, and when entering “F” in Korean into the shopping mall search box, the Defendant sold one “G” to H,830 won by means of searching products sold in “C”.

From that time until February 6, 2018, the Defendant sold the cosmetic of the Victim F Co., Ltd. totaling KRW 8,319,390 in the same manner as indicated in the list of annexed crimes, and committed an unfair competitive act that causes the Defendant to combine with another’s business facilities or activities by using a mark similar to the trade name of the victim.

2. The defendant's act constitutes an unfair competition prevention and trade secret protection by using a mark identical or similar to the mark indicating that the defendant's act is the business of F, a stock company's trade name and other signs that indicate that the defendant's sales site is confused with F's business facilities or activities. In other words, the defendant's act constitutes an unfair competition prevention and trade secret protection.

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