무료바카라게임

1. Overview of the case

On November 11, 2019, Company W applied for a 무료바카라게임 with the restaurant franchise business as a designated service business (the "무료바카라게임"). On January 19, 2021, it received registration for the 무료바카라게임. Meanwhile, Company J, without any awareness of the existence of the 무료바카라게임, opened its first franchise store using the 무료바카라게임 "Woori Halmae Tteokbokki" (the "Client's 무료바카라게임") in January 2020. Afterwards, Company J had approximately 350 franchisees as of 2023. In this situation, Company W filed a lawsuit against Company J in 2023, seeking a ban on the use of the Client’s 무료바카라게임 and a large amount of compensation for damages on the grounds of infringement of its right to the 무료바카라게임.

 

2. Main issues of the case

 

The main issue is whether Company J infringed upon Company W's 무료바카라게임.

 

3. Our role

 

Representing Company J, we proved from various angles that there was no infringement of the 무료바카라게임. Specifically, we argued and substantiated: (1) the Client’s 무료바카라게임 is not "similar" to the 무료바카라게임; (2) the exercise of the 무료바카라게임 is an abuse of rights because there are grounds for invalidity of the 무료바카라게임; and (3) the 무료바카라게임 does not have any effect on the Client’s 무료바카라게임. It was proven that Company J did not infringe on the 무료바카라게임 in any way. In particular, we focused our efforts on explaining the dissimilarity between the Client’s 무료바카라게임 and the 무료바카라게임, being based on a variety of arguments.

 

Whether or not trademarks are similar is a major issue in most trademark infringement lawsuits, and the legal principles on the issue are sufficiently accumulated. However, making a judgment on the issue in individual cases is never easy. In reality, there are different judgment on whether two identical comparative trademarks are similar. This demonstrates that it is difficult to determine the similarity of trademarks. In this case, Company W asserted similarity between the Client’s Trademark and the Trademark, using its own theory. However, 무료바카라게임, which has experience successfully handling multiple trademark cases, proved that the two trademarks were not similar from a variety of perspectives.

 

4. Court decision

 

On January 19, 2024, the Seoul Central District Court accepted our argument and ruled that the Client’s 무료바카라게임 was not similar to the 무료바카라게임 for various reasons, and dismissed all the claims made by Company (Seoul Central District Court Decision 2023Gahap47495, dated January 19, 2024).

 

​□ Attorneys in charge: Ko Young-han, Choi Jin-sook, Jung Young-hun