[1] Criteria for determining the similarity of a designated service business, and whether it can be seen as similar to a designated service business itself and a service business using Internet communications (negative)

[2] The case holding that "Internet communications business using computers" among service business that mainly provides the so-called "electronic commerce" such as Internet cyber shopping mall management and lease business, which is the designated service mark of the registered service mark, and the designated service business of the cited service mark is not similar with each other, depending on the type, content, facilities, form and subject of the service

[1] Whether a designated service business is similar should be determined based on the general transaction norms in consideration of the nature and content of the service provided, means of provision, place of provision, the scope of the service provider and consumers, etc. The recent number of service businesses, which are recently used as a tool for Internet communications, such as advertising on the Internet through the Internet communications, transaction volume, etc., cannot be deemed as similar to the Internet communications business itself and the service business.

[2] The case holding that "Internet communications business using computers" among service business that mainly provides the so-called "electronic commerce" such as Internet cyber shopping mall management and lease business, which is the designated service mark of the registered service mark, and the designated service business of the cited service mark cannot be deemed as similar to each other, depending on the type, content, facility, form and subject of the service

[1] Article 7 (1) 7 of the Trademark Act / [2] Article 7 (1) 7 of the Trademark Act

[1] Supreme Court Decision 95Hu859 delivered on April 26, 1996 (Gong1996Sang, 1837), Supreme Court Decision 95Hu1586 delivered on April 26, 1996 (Gong1996Sang, 1726), Supreme Court Decision 96Hu924 delivered on February 14, 1997 (Gong197Sang, 774), Supreme Court Decision 96Hu795 delivered on March 11, 1997 (Gong197Sang, 1108), Supreme Court Decision 96Hu1584 delivered on May 16, 1997 (Gong1997Sang, 197Sang, 197; 205Hu15839 delivered on May 16, 1997 (Gong1997Sang, 2009Sang, 207Hu19749 delivered on May 24, 1997)

Seoul High Court Decision 200Na1446 delivered on May 1, 200

Defendant

Patent Court Decision 2001Heo7165 delivered on April 4, 2002

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

According to the reasoning of the judgment below, the court below held that the designation service of the cited service mark is similar to the Internet service business in comparison with the Internet cyber shopping mall management and lease business of this case, which is the designated service of the registered service mark of this case, and the Internet communications business using computers among the designated service of the cited service mark, on the ground that the designation service of the registered service mark of this case is mainly provided with the Internet network where the contents of the registered service of this case are mainly provided, and it is against the fact that the designated service of this case is mediated, arranged, or sold as an agent, the designated service of the cited service mark can not be separated from the Internet service mark of this case, because the designated service service of this case is the core service of providing the Internet network or search network or operating the information exchange service of this case, which is the type and content of the service, the type of the registered service of this case, and the Internet service mark of this case can not be separated from the designated service mark of this case.

Whether a designated service business is similar shall be determined in accordance with the general transaction norms in consideration of the nature and content of the service provided, means of provision, place of provision, scope of the service provider and consumers, etc. (see Supreme Court Decision 97Hu2842, Nov. 23, 1999, etc.). Since a large number of types of service business has recently been used as a tool for Internet communications, such as advertising on the Internet through Internet communications and trading volume, it cannot be deemed that the Internet communications business itself and the service business are similar.

The court below's decision that this case's registered service mark's registered service mark's designated service business and the cited service mark's designated service business are not similar in accordance with the above legal principles is justified, and there is no violation of law of misunderstanding of legal principles as to the similarity of service business or incomplete hearing as otherwise

The grounds of appeal disputing this issue are rejected.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Jae-sik (Presiding Justice)