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| TITLE | [Prohibition against Trademark Infringement]Supreme Court Decision 2002Da13782 Delivered on May 14, 2004 [full Text] |
|---|---|
| Summary | |
| [1] The point of time to determine whether a mark of the goods is widely known in Korea as expressed in Article 2.1(a) and (c) in a claim to ban a mark under Article 4 of the Unfair Competition Prevention and Trade Secret Protection Act (=at the closing of the hearing by the court of fact-finding) [2] Where the goods are sold on a Web-site having a specific domain name, and the goods are dealt with on the Web-site, attached with an independent trademark, whether the domain name itself can be deemed to function as the origin of the goods (negative) [3] The meaning of the terms ""known to the public in Korea"" and ""damaging the distinguishing identity of a mark"" under Article 2.1(c) of the Unfair Competition Prevention and Trade Secret Protection Act and whether damage to the distinguishing identity of a mark may arise where a renowned trademark is used as a business mark by other persons (affirmative) [4] The case holding that although the use of the domain name ""viagra.co.kr,"" which is similar to the renowned trademark ""viagra,"" does not constitute unfair competition (an act of creating confusion between one's own goods and any other person's goods) under Article 2. 1(a) of the Unfair Competition Prevention and Trade Secret Protection Act, it constitutes an unfair competition (damage to the distinguishing identity of a mark) under Article 2.1(c) of the same act [5] The case holding that the holder of the trademark ""viagra"" which was used as the part of the domain name may claim the cancellation of the registration of the domain name regardless of whether it is qualified to register the domain name "".kr"" under its business name | |
