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| TITLE | [Provisional Injunction against Infringement of Trademark]Seoul Central District Court Order 2009Kahap653 Dated September 9, 2009 [full Text] |
|---|---|
| Summary | |
| [1] The scope of an Internet shopping mall operator's duty of care to prevent transaction of counterfeit merchandise [2] Requirements to demand that the shopping mall operator should block any attempt to register merchandise bearing a specific trademark, in order to prevent circulation of counterfeit merchandise in the Internet shopping mall operated in the form of so-called ""open market"" [3] In the case where a trademark holder of a famous trademark applies for provisional injunction to demand that the shopping mall operator should block any attempt to register merchandise bearing the trademark in order to stop circulation of counterfeit items in the Internet shopping mall operated in the form of ""open market,"" the case is dismissed on the ground that no special circumstances can be found that the circulation of counterfeit items bearing the above trademark becomes a threat to the basic order of commercial transaction. | |
