1. The defendant shall not use the separate sheet No. 1 in the trade name and propaganda advertisements for the type of business listed in the annexed sheet No. 3.

Basic Facts

From March 1, 2013 to January 1, 2016, the Plaintiff and the Defendant jointly operated a G-only restaurant under the name of “C”.

On January 1, 2016, the defendant withdrawn from the partnership relationship.

From February 2013, the Plaintiff used the attached mark 2 from around February 2013 (hereinafter “instant mark”) for signboards, etc. of a Gednon-specialized restaurant.

On April 27, 2017, the Plaintiff filed for registration of copyright with the Korea Copyright Commission as the author on March 3, 2013 with respect to the attached draft No. 1 (hereinafter “instant draft”) which is part of the left-hand draft of the instant draft mark with the Korea Copyright Commission (hereinafter “instant draft”).

On April 2, 2014, the Defendant filed an application for service mark for the instant mark with the designated service business as 6 cases, such as Gone-only restaurant business, etc. of Chapter 43 and registered E.

[Ground of recognition] Each of Gap evidence Nos. 1, 2, 4 and Eul evidence Nos. 2 (including each number, if any, and each number; hereinafter the same shall apply), and the purport of the entire argument of the parties, the purport of the argument of the parties to the whole argument, conflict with the plaintiff's copyright, since the mark of this case constitutes a work of applied art in which copyright is located, the plaintiff seeks a prohibition of its use to the defendant pursuant to Article 9

Defendant’s mark of this case is not creative, independent of the original function of the trademark, which is a mark of goods, and does not constitute an independent work to the extent that it may be separately identified, and it cannot be deemed that the Plaintiff acquired copyright by creating it. Therefore, it is not a work subject to protection under the Copyright Act.

Judgment

In order to be protected by the copyright law regarding the recognition of a work as a work, it shall be a creative production belonging to the scope of literary, scientific or artistic works. As such, creativity is required as a requirement, but the term "originality" in this context refers to a complete originality, not just a mere reproduction of another's work, but also an independent idea of author's own author.