beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells ices for camping with the trademark called “coon,” and the Defendant is a company that entered into a total sales contract with the Plaintiff from March 31, 2016 to March 31, 2017 with the Plaintiff and sells ices produced by the Plaintiff.
B. From February 16, 2017, the Plaintiff started to manufacture and sell “Plaintiff’s products” for the purpose of designing the front part in six-dimensional shapes, and attaching the front part in the lid with six-dimensional shapes (hereinafter “Plaintiff’s products”).
C. From June 2017, the Defendant began to manufacture and sell twiters for camping (T400) from around June 2017, and this refers to the buyer’s option that the front part of the lids of the recipient box is about six angles.
D. The respective forms of the Plaintiff’s product and the Defendant’s product are as follows. The Defendant’s product (a fact that there is no dispute over the grounds for recognition, as well as the entries and images of evidence A1 through 6, and evidence B Nos. 15, as well as the purport of the whole pleadings and arguments.
2. The summary of the plaintiff's assertion made and sold the defendant's product which imitates the form of the plaintiff's product, and such defendant's act constitutes an act of reproducing the form of the product under Article 2 subparagraph 1 (i) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act"), and thus, the defendant should not transfer, lend, exhibit, import, or export camping fr, which attached a receipt box similar to the plaintiff's product, as necessary for prohibiting and preventing unfair competition.
3. Determination
A. Article 2 subparag. 1 (i) of the Unfair Competition Prevention Act provides that the act of transferring or lending, displaying, importing or exporting goods produced by another person as a type of unfair competition act.