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| TITLE | [Damages]Supreme Court Decision 2007Da22514, 22521 Decided October 29, 2009 [full Text] |
|---|---|
| Summary | |
| [1] In case where only the plaintiff appealed the judgment of first instance which partly rendered judgment in favor of the plaintiff to an appellate court, but the defendant did not make an appeal or incidental appeal, and thereafter the appellate court rendered judgment admitting the part of appeal by the plaintiff, whether the defendant who is dissatisfied with this judgment can appeal the part of judgment in favor of the plaintiff in the judgment of first instance to the Supreme Court (negative) [2] The meaning of a trademark owner's ""use of a registered trademark,"" which is an element required to seek compensation for business losses arising from the infringement of trademark right [3] The case holding that it is hard to find that a trademark owner incurred business losses arising from the infringement of trademark right, on the ground that the trademark owner merely used a registered trademark in products similar to the part of designated products, and it cannot be deemed that he actually used such trademark in the designated product itself or in products which can be seen to be identical to it in light of social norms in transactions and conducted business of manufacturing and selling the products, etc. | |
