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| TITLE | Supreme Court Decision 2023Do11044 Decided November 14, 2024 【Occupational Breach of Trust; Counterfeit of Private Document; Uttering of Falsified Private Document; Violation of the Trademark Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Requirements for a trademark right to be transferred to the transferee In a case where a third party other than the trademark right holder performed an act that falls within the extent of trademark protection without a legitimate source of authority, whether this constitutes trademark infringement (affirmative) [2] In a case where the Defendant, who was running a guesthouse business, was charged with trademark infringement by posting a registered trademark of Stock Company A, which provides guesthouse services, on the Defendant’s guesthouse website and conducted business activities, the case holding that the Defendant is not a trademark right holder of the aforesaid registered trademark, and thus the Defendant’s use of the aforesaid registered trademark for a guesthouse business, i.e., the related service for which the trademark is designated, constitutes an infringement of the registered trademark | |
