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(영문) 서울중앙지방법원 2015.10.08 2015가합508247
부정경쟁행위 중지 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. The Plaintiff is a company that produces and sells products for the hair using the brand called "Mas", and around 2006, sent a "Local Monitoring License" product for the hair use, and from June 201 to June 201, produces and sells a "Local Monitoring License Products" (hereinafter "Plaintiff Products") using the attached marks (2) containers and short boxes.

B. The Defendant is a company that produces and sells products for the floa’s brand with the brand called “achoa,” and produces and sells the Hague Products using the attached Form 1 marking containers and bus boxes from December 201.

[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings, as well as Gap's statements (including each number, if any; hereinafter the same shall apply)

2. The containers and accessories of the Plaintiff’s products, such as the Plaintiff’s assertion (2) indication, are widely known in Korea as the Plaintiff’s product mark.

The defendant imitates the containers and bus boxes of the plaintiff's product and sells the defendant's product using the containers and bus boxes in the attached Form (1) which are substantially identical with the plaintiff's product.

The definitions of the terms used in this Act are as follows, Article 2 (1) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "the Unfair Competition Prevention Act") (hereinafter "the Unfair Competition Prevention Act").

1. The term "act of unfair competition" means any of the following acts:

An act of causing confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or any other one widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods bearing such a one.

(i) the shape, pattern, color, or luminous of any product manufactured by another person or any combination thereof, including the form of a prototype or a letter of product presentation;

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