International Lawyers Network (JD Supra South Korea)
Korean Patent Court Finds: Use of Outback motel mark unfairly competes with mark for restaurant services
In a suit alleging trademark infringement and unfair competition, the Korean Patent Court concluded that the use of the mark “” in connection with “unmanned lodging services” used for so-called love motels with an image of a naked woman, did not infringe Outback Steakhouse’s trademark. But it did constitute unfair competition because that use harmed the good image and fame of the well-known mark
Obtaining Statutory Damages for Trademark Infringement – A Cross Border Approach under the Trademark Act of the Republic of Korea
** Originally published by DRI in the DRI IP Committee newsletter** Recently the Korea Supreme Court issued a significant ruling, providing guidance on the availability of statutory damages in trademark infringement actions. This article discusses that ruling. Under the Trademark Act of the Republic of Korea (“the Act”), a trademark owner is entitled to receive compensation
Extraterritorial Application of Unfair Trade Laws: Foreign Government Agencies May Restrict U.S. Companies from Exercising Their IP Rights in the United States
** Originally published by DRI in August 2017 edition of For The Defense ** Intellectual property laws are aimed at allowing intellectual property owners to hold rights in their property for a certain period of time to the exclusion of all others. Exclusivity is the essential purpose of intellectual property rights. Conversely, the essence of fair trade laws is to prevent monopolies...