All
| TITLE | Supreme Court Order 2019Ma6525 Dated March 26, 2020 【Objection to Provisional Disposition】 [full Text] |
|---|---|
| Summary | |
|
[1] Standard for determining whether certain acts constitute an act of unfair competition stipulated in Article 2 Subparag. 1 Item (k) of the Unfair Competition Prevention and Trade Secret Protection Act [2] In a case where: (a) Company A, a limited company that publishes and sells magazines featuring celebrity news and photos and articles, sought to create a photo book of the members of a famous boy band under the management of Company B, a limited company that runs an entertainment business, including artist management, music production, and live performance planning, and sell it as a special supplement to the said magazine’s special edition; (b) Company B filed for provisional disposition prohibiting the creation and distribution of the said special supplement on the grounds that Company A’s act constitutes an act of unfair competition stipulated in Article 2 Subparag. 1 Item (k) of the Unfair Competition Prevention and Trade Secret Protection Act, the case holding that Company A’s creation and selling of the said special supplement is an act of using the outcome, etc. of Company B without permission for Company A’s own business operation against fair business transaction practice or competition order and therefore constitutes an act of unfair competition as stipulated in Item (k) of the said provision |
|
