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(영문) 서울중앙지방법원 2016.08.19 2015가합20914
부정경쟁행위금지 및 특허권침해금지 등
Text

1.(a)

The defendant shall include household products listed in attached Table 1 and mobile phone numbers listed in attached Table 2.

Reasons

1. Basic facts

A. The Plaintiff is a company that starts up in the 1898 Special Metropolitan City of the Federal Republic of Germany established and sells a bridge for travel until now. The Defendant is operating an Internet website (D; hereinafter the “Defendant website”) while selling a bags for travel with the trade name of “C”.

B. A travel room for the Plaintiff’s products manufactured and sold by the Plaintiff is characterized by a design that has a grove and home, protruding to the same distance and a certain size and form. Of them, the “brove”, which adopted a multi-wheeler system in Aluminium located in Aluminum around 1950, is a representative model.

(See Dog, see Dog, hereinafter referred to as “Plaintiff”).

The Defendant’s goods sold by the Defendant are selling the Defendant’s website and other online shopping mall(s) indicated in paragraph (1) of the attached Table 1 ( brand name: F; hereinafter “Defendant’s bank”) and mobile phone case products indicated in paragraph (2) of the attached Table 2 (hereinafter “Defendant’s mobile phone case”).

[Ground of recognition] The fact that there is no dispute or no clear dispute, each entry or video of Gap's No. 1 through 13, 37, 38 (including each number, if any; hereinafter the same shall apply), or the whole purport of pleading

2. Determination as to the claim against the defendant's household

A. The Plaintiff’s act of selling the Defendant bank in the same or similar form as that of the Plaintiff bank, which is a mark of goods (for travel) widely known to the Defendant in the Republic of Korea, is ① an act of causing confusion with the Plaintiff bank, which is an act of causing confusion with the Plaintiff bank, ② an act of unfair competition under Article 2 subparag. 1(a) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), ② an act impairing the distinctiveness or reputation of the Plaintiff bank, which is an act impairing the distinctiveness or reputation of the Plaintiff bank, as stipulated in Article 2 subparag. 1(c) of the Unfair Competition

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