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(영문) 서울남부지방법원 2013.05.24 2013고정649
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

Defendants are not guilty.

Reasons

1. In fact, the contents written in the indictment shall be cited as it is.

Defendant

A From Jun. 2004 to Jan. 31, 2012, Defendant A operated the Plaintiff’s Gangseo-gu D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s affairs with the trade name of Guro-gu Seoul Metropolitan Government

From March 5, 2012 to July 19, 2012, the Defendant: (a) made the design of the “H” container and the entrance thereof of the Victim G Co., Ltd., Ltd., which was widely known in the Republic of Korea from around March 5, 2012; and (b) made the victim’s “Hdis pension” and the mouth fixed dice that made it similar to the injector; and (c) made the victim’s “Hdis pension” and the dice and the dice so that they can be interchangeed with each other; and (d) sold a dice 1,100 unit in its name, approximately 6,00 the amount of the mouth fixed contained in an I container, under the name of the victim.

Accordingly, the Defendant sold goods similar to the containers of the above victim's goods widely known in Korea, and committed an unfair competition act that causes confusion with the above victim's goods.

B. Defendant B, a representative of the Defendant, sold goods similar to the containers of the Victim G Co., Ltd., which were widely known domestically in connection with the Defendant’s business, and committed an unfair competition act that causes confusion with the said victim’s products.

2. Determination

(a) the container, package or shape, or shape, of a good does not normally have the function to indicate the origin of the good, but is used as a means of giving the shape, structure, pattern or color, etc. of a good unique characteristics to the good, and its form, structure or color, etc. continues to be used for a long period of time and exclusively or by continuous propaganda advertisements, etc., is the specific origin of which the trader or user has a specific quality.

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