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(영문) 청주지방법원 2016.05.12 2015가합22172
표장사용금지 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion is using the Plaintiff’s product mark listed in [Attachment List No. 2 and 3 (hereinafter “Defendant’s mark”) indicated in [Attachment List No. 2 and 3 (hereinafter “instant mark”) similar to the Plaintiff’s product mark widely known in the Republic of Korea (hereinafter “instant mark”), thereby engaging in the act of causing confusion between the subject of the product, the subject of the business, or damage to the distinctive character and reputation of the subject of the product as prescribed in Article 2 subparag. 1(a) through (c) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), such as the manufacture and sale of the product mark, which is similar to the Plaintiff’s product mark listed in [Attachment List No. 1] as indicated in [Attachment List No. 2], which is widely known in the Republic of Korea. Accordingly, the Defendant Company seeking compensation for damages from the use of the mark against the PP Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

2. Determination

A. Under Article 2 subparag. 1(a) through (c) of the Unfair Competition Prevention Act, the term “domestic widely known” means that the term “the extent of the place of origin,” which is beyond the scope of “the extent of the place of origin,” as defined in Article 2 subparag. 1(a) through (c) of the Unfair Competition Prevention Act, refers to the so-called “the extent of the name,” which is widely known to the general public by all the general public except the relevant traders. Whether the term is widely known in the Republic of Korea is the standard for the period of use, method, pattern, quantity of use, scope of business, the actual condition of business, and whether it is objectively widely known under the social norms (see, e.g., Supreme Court Decisions 201Da5295, Jun. 13, 2003; 201Da64102, May 9, 2013; 2004Do6512, Jan. 26, 2006).

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