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TITLE Supreme Court Decision 2013Da84568 Decided October 15, 2015¡¼Injunction against Design Right Infringement, etc.¡½ [full Text]
Summary
1] Legislative intent of Article 7(1)13 of the Trademark Act / Standard for determining whether a dimensionally shaped trademark of designated goods or its packaging falls under Article 7(1)13 of the Trademark Act

[2] Standard and method for determining similarity of trademarks, and standard for determining similarity of dimensionally shaped trademarks

[3] Where foreign companies including Company A (¡°Plaintiffs¡±) indicated medicine for cardiovascular conditions and treatment for erectile dysfunction as designated goods, registered their trademarks using the mark
¡° ,¡±a dimensional diamond shape in a blue color tone, and sought injunction on infringement of trademark right, etc. against Company B (¡°Defendant¡±) that produces, sells, and advertises treatment for erectile dysfunction in the shape of¡°¡± and ¡°,¡±the case holding that the registered trademark and the shape of Company B¡¯s drug products cannot be deemed identical or similar
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