Text
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. The Defendant is a person who sells clothes in the course of operating Internet clothing sales site D at the Defendant’s house located in Category C and 1503 Dong 1502.
From January 13, 2016 to March 15, 2016, the Defendant sold the clothing brand and the registered trademark "TIE POS MDAN", and "MINE" design of the product at the above site, and compared the clothing with the description "MINE", "Manix/D", "Mamannix/L", "Trheat Sker's additional storage", "Trheat c/D", "Trheat c/D", "Trheat c/D", "Trhetor c/D", "Trheat Sker c/Oss/D", and "Trheat Sker clish clish clish strus that he pre-paidd at once up to the completion of comparison rate with clishing, and "Irregrish 460,000 won in the Internet store," and "Irregnish 1440,00,00,000."
As a result, the defendant used the same or similar mark as the mark indicating the victim's goods widely known in Korea to confuse the defendant's will with the victim's goods by Internet advertisement and sale.
2. Determination
A. Article 2 Subparag. 1(a) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) provides for “an act of causing confusion with another person’s goods by using any goods identical or similar to another person’s name, trade name, trademark, containers and packages of goods, and other marks widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such goods,” i.e., “an act of causing confusion with another person’s goods” as one of the unfair competition acts.
However, the above provision causes confusion with another person's goods marking widely known in Korea.