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(영문) 서울중앙지방법원 2020.07.24 2019가합551065
손해배상(지)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. The Plaintiff A runs a wholesale and retail business for electric machinery, lighting, and fire fighting materials, etc. with the trade name of K, and Plaintiff B runs an electronic commerce wholesale and retail business for electric power, lighting, and fire fighting materials, etc. with the trade name of L.

The plaintiffs operate the above two businesses in the same place as married couple.

B. The Defendants were working at the Plaintiffs’ workplace and retired, and Defendant C and E are trade names, and Defendant D are engaged in wholesale and retail business of each lighting machine with the names of N.

C. The Plaintiffs are using advertisements and promotional images as shown in the attached Table 3 (hereinafter “Plaintiffs’ product advertising images”) with respect to the products handled while operating the wholesale and retail business of lighting machinery.

On the other hand, Defendant C and E use the product advertising image of the product advertising product of this case as shown in attached Form 1 (hereinafter “M product advertising image”), as shown in attached Table 2 (hereinafter “N product advertising image”). Defendant C and E use the product advertising image of this case as shown in attached Form 2 (hereinafter “N product advertising image”).

【In the absence of dispute, the records of Gap evidence Nos. 1 and 2 (including the number of pages; hereinafter the same shall apply), the entire purport of the pleadings, and the plaintiffs’ claim as to the prohibition claim against the defendants. The images of products advertising and N Product Advertising are those created by defendant C by reproducing or reproducing the plaintiffs' product advertising images. The defendants' conduct of product publicity by utilizing the above images constitutes an act that infringes the plaintiffs' economic interests by using the outcomes made with considerable investment or effort.

Article 2 subparagraph 1 (k) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as the "Unfair Competition Prevention Act").

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