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(영문) 서울중앙지방법원 2015.12.16 2015가합531391
광고 동영상 배포 및 이용금지 등
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 Defendant’s status and the NAN cosmetic market, etc. (1) is a company engaged in the manufacturing of cosmetics (NAN products) and the wholesale and retail business of cosmetics. From around 2012, the Defendant manufactured and sold a variety of products with the name of “C” in Korea and abroad. 2) The product containers of C NAN cosmetic (hereinafter “Defendant’s products”) have characteristics with a different form of paper as indicated in the attached sheet.

B. The Plaintiff is a company that manufactures and sells cosmetics. Since April 2014, the Plaintiff manufactured and sells diesel-day products under the name of “D” in Korea and abroad. 2) D NA cosmetics (hereinafter “Plaintiff products”) also have characteristics such as the containers of Defendant products, as indicated in the separate sheet.

C. Defendant’s production, etc. (1) had participated in the cosmetic-related exhibition held in the cosmetic-dong Seoul, Gangnam-gu Seoul (SETEC) from E to F. In the process, the exhibition organizer recommended to participate in the production of dynamics in the exhibition, and requested G to make a promotional motion picture production to the advertising motion picture producer. (2) G produced the Defendant’s promotion motion picture (hereinafter “instant motion picture”) more than 20 minutes and 20 minutes after reflecting the Defendant’s employee’s opinion. The instant motion picture is on the background of the Defendant’s product photograph, “The president is the only design directly with the thickness, and C is the aid of YV.” On the screen, the Defendant’s employee, while holding the caption on the screen, explained to the same purport, and the instant motion picture “on the screen, the Defendant’s product is likely to have been made outstanding in terms of its appearance or appearance.”

3 G is above . G.

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