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(영문) 서울중앙지방법원 2016.11.25 2016가합534526
상표사용금지 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 23, 2012, the Plaintiff’s web site and business mark Plaintiff opened and operated an Internet web site (hereinafter “Plaintiff web site”) that provides a low-end franchise consulting service (hereinafter “Plaintiff web site”) and uses the “PPPPP” as business marks (hereinafter “Plaintiff business marks”).

B. The Defendant’s website and business mark Defendant opened and operated an Internet website (htp:/caf.naver.com/100709, hereinafter “Defendant website”) that provides low-cell-cellur trading consulting from around September 2015 (hereinafter “Defendant website”) and uses the “Preparation for Csch Rexroth Marriage Marriage” as business marks (hereinafter “Defendant’s business marks”).

【Ground of recognition】 The fact that there is no dispute or no clear dispute, the entries or images of Gap evidence 2, 3, and 5 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination of the Plaintiff’s assertion of unfair competition under Article 2 subparag. 1(b) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

A. The defendant's act of using the defendant's business mark identical or similar to the plaintiff's business mark widely known domestically constitutes an unfair competition act under Article 2 subparagraph 1 (b) of the Unfair Competition Prevention Act as an act that causes confusion with the plaintiff's business activity.

B. In order to constitute an unfair competition act under Article 2 subparag. 1(b) of the Unfair Competition Prevention Act, “a mark indicating another person’s business” subject to protection should be widely known domestically. This refers to the case where traders or consumers recognize the business by distinguishing it from other businesses within the scope of domestic discharge or within a certain scope, and the period, method, mode, volume, quantity of use, scope of transaction, etc. of the use, the actual condition of transaction, and the social and social norms are widely widely known objectively.

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