The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On October 7, 2013, at the office of “D” operated by the Defendant, located in the Busan-gu Busan-gu Busan-gu C building 2120, the Defendant sold any Contacts contained in the package identical with the victim Hydy Pety Co., Ltd.’s product, and sold them through Internet shopping mall, etc., thereby making them confused with the victim’s products by selling any products identical with the victim’s products, which are widely recognized in Korea.

2. The Defendant’s and his defense counsel’s sales product (hereinafter “victim’s product”) does not constitute a mark indicating that it is another person’s product widely known in the Republic of Korea, and the Defendant’s sales product (hereinafter “instant product”) is not illegal as a Chinese OEM product that is imported and sold concurrently.

In addition, the victim's form is also a rectangular type that is long as the body of the victim is long, while the product of this case is a rectangular type that is long horizontally, and the victim's intention is United States acid even in the manufacturing country, while the product of this case is a medium domestic product, there is no possibility of confusion.

3. Determination

A. Whether a mark indicating another person's goods is widely known in the Republic of Korea under Article 2 subparagraph 1 (a) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "the Unfair Competition Prevention Act") is based on the period of use, method, pattern, quantity of use, scope of transaction, etc., the actual condition of the transaction of goods, and whether it has been objectively widely known under the social norms and social norms (see, e.g., Supreme Court Decisions 2003Do7827, Apr. 13, 2006; 2007Do10562, Sept. 11, 2008). Meanwhile, if a form and packaging of a product acquires the function of indicating the source and its well-knownness, it constitutes "mark indicating another person's goods widely known in the Republic of Korea" under Article 2 subparagraph 1 (a) of the Unfair Competition Prevention and Trade Secret Protection Act, and thus, it can be protected under the same Act.