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| TITLE | Supreme Court Decision 2009Da15596 Decided May 26, 2011 [Damages (Intellectual Property)] [full Text] |
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| Summary | |
| [1] The meaning of ""the place where the causal act for unjust enrichment occurred"" as defined in Article 13 of the former Conflict of Laws Act (=where the enrichment occurred) [2] Where Gap, a habitual resident of the Republic of Korea who registered and used the Internet domain name ""hpweb.com"", filed for restoration of this domain name on the grounds of unjust enrichment on the part of Eul, a corporation with headquarters in California, U.S.A., after Eul filed for dispute resolution at the competent agency for resolution of Internet address disputes, on the grounds that the rights of its trademark ""hp"", registered within the U.S., had been infringed, and subsequently came into possession of rights to this domain name, the case holding that the laws of the State of California, U.S.A., were the governing law when determining the establishment and validity of a claim for return of unjust enrichment, as California must be seen as the location where this enrichment occurred [3] Where Gap, a habitual resident of the Republic of Korea who registered and used the Internet domain name ""hpweb.com"", filed for restoration of this domain name on the grounds of unjust enrichment on the part of Eul, a corporation with headquarters in California, U.S.A., after Eul filed for dispute resolution at the competent agency for resolution of Internet address disputes, and subsequently came into possession of rights to this domain name, the Court ruled that the issue of whether the defendant possessed a substantive right to seek suspension of the plaintiff's use of the domain name of this case must be examined first, for which the governing law must be judged separately from unjust enrichment, in accordance with provisions within the former Conflict of Laws Act (wholly amended by Act No. 6465 of Apr. 7, 2001) ... | |
