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(영문) 대전지방법원 2017.09.15 2016고정1249
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendants are not guilty

Reasons

(b) the sales of a design identical with or similar to 100 mix 10,00 mar-type 2,309,00 mar-type 2,309,00 mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar

Accordingly, the Defendant committed an unfair competition act that causes confusion with another person's goods by using a mark identical or similar to the mark widely known in Korea.

2. Determination

A. According to the records, the following facts are acknowledged.

1) Tear Lesweden A non-sweden (hereinafter “JULE”) is a company that produces and sells lubbbbages bearing a trademark widely known in Korea, a trademark widely recognized in the Republic of Korea.

2) Defendant B made an official announcement (i.e., page 26 out of 3 books of evidence records) that “I x1 st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st 2)”.

Since then, Defendant B sold a lux of design similar to the “JX1” product produced by the lux, and Defendant A sold a lux of design similar to the “lux 900” product produced by the lux.

3) However, the defendants did not attach a product mark identical with or similar to the "THULE (hereinafter "the trademark of this case") which is the trademark of twits registered by the defendants, and there was no fact that the defendants sold or delivered to customers the Stackers bearing the trademark of this case.

4) Meanwhile, a fair stuff is the vehicle’s loading space.

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