TITLE	Supreme Court Decision 2014Da59712, 59729 Decided September 30, 2016¡¼Injunction against Service Mark Infringement, etc.; Damages¡½ [full Text]
Summary
[1] When claiming for damages under Article 67 of the former Trademark Act, whether the trademark holder is required to specifically claim and prove the existence of injury in addition to the incidence of infringement and the ordinarily receivable royalty (negative), and in such cases, whether the infringer may be exempted from liability for damages by claiming and proving that the trademark holder cannot have sustained an injury (affirmative) Whether liability for damages may be recognized in cases where the infringer has proven facts tending to deny the existence of an injury, such as that the trademark holder only filed for registration without actually using the trademark (negative), and whether the same legal doctrine is applicable to service marks (affirmative) [2] Meaning of the ¡°use of one¡¯s own name, title, or trade name, etc. in accordance with generally accepted business practices¡± under Article 51(1)1 of the former Trademark Act and the standard of its determination, and whether such a legal doctrine applies likewise to service marks (affirmative) [3] Requirements for a trademark holder to claim for damage compensation under Article 67-2(1) of the former Trademark Act, and whether such a legal doctrine applies likewise to service marks (affirmative)

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