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(영문) 서울중앙지방법원 2020.08.11 2019고단3385
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The facts charged against Defendant A is the representative director of the Company B, and the said Company is a corporation with the purpose of golf production and wholesale and retail business.

No person shall commit an act of causing confusion with another person's goods by selling goods identical or similar to another person's name, trade name, trademark, container or package of goods, or any other mark indicating another person's goods, which is widely known in the Republic of Korea.

A. On February 14, 2014, Defendant C Co., Ltd. (hereinafter “victim”) advertised “F” products through TV CF, ground advertising, outdoor advertising, golf games, golf games, and prophonephones, etc., with the name of “F” as designated goods (number E), from January 2016, Defendant C Co., Ltd. (hereinafter “Co.”), one of the main brands, advertised “F” products with the name of “F”. The “F products” products of the victimized company were sold in Korea, 4,098,444, 2017, 3,042,504, and 1,577,076 market share in the first half of the year 2018, and 58% of the sales of the victimized company in Korea.

Accordingly, around March 2018, "F" was widely recognized as a trademark with independent distinctive character as a golf machine manufactured and sold by a damaged company.

Defendant

A around March 2018, with the name of "F" in the name of "F" from the name of "F" of the Golct gate of Golctct, and around May 2018, "H" is used as one of the designated goods with golf holes, etc. (number I), and "F" is marked on the right upper part, and "J" is indicated on the packing straw, and "F" is indicated as "F" at the center. The golf straw is not indicated with "J" but with "F". By May 31, 2019, the golf straw is manufactured and sold, while the "J" in the trademark is used as the designated goods. It is an unspecified number of people by expressing only "F" as "F".

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