The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Around November 11, 2014, the Defendant reported food entertainment business on the first floor of Busan High-gu B and 1st on the ground of the facts charged. Any person was prohibited from infringing trademark rights and exclusive use rights. From November 20, 2014 to May 24, 2015, the Defendant: (a) operated a restaurant with H (trademark) similar to the “G” registered by the victim E, who runs livestock products wholesale and retail business and restaurant store business, under the name of “D” from November 20, 2014 to May 20, 2015.

Accordingly, the Defendant violated the G Service List registered by the injured party.

2. Determination

A. The act of using another person's registered trademark on goods identical with or similar to the designated goods constitutes an infringement on another person's trademark right. However, even if another person's registered trademark is used, if it is not for the purpose of indicating sources, which are the essential function of the trademark, and thus it cannot be deemed an infringement on another person's trademark right. In order to determine whether it is being used as a trademark, the trademark right of the registered trademark cannot be seen as an infringement on another person's trademark if it is not for the purpose of indicating sources, which are the essential function of the trademark (see Supreme Court Decision 204Do5034, Oct. 15, 2004).