TITLE	Supreme Court Decision 2010Da20044 decided March 29, 2012[Damages (other)] [full Text]
Summary
[1] Whether the use of another party's registered trademark that was not intended for source indication constitutes trademark infringement (negative), and the standards for determining whether a mark is used as trademark [2] In a case where Eul corporation (granted with exclusive rights to commercialize ""Hello Kitty"" characters in the Republic of Korea by Gap corporation) used the marks ""Dae Jang Geum,"" ""Jang Geum,"" and ""Jumong"" beneath Hello Kitty product images displayed at Eul's homepage; causing dispute on whether Eul's action has infringed registered trademarks "" ¡¼ see text ¡½"" ¡¼ see text ¡½"" "" and "" ¡¼ see text ¡½"" owned by broadcater Byoung et al; the aforementioned marks were found to be not used as trademarks [3] The requirements for a character to be commercialized and protected under the ""mark indicating a certain person's goods, known to the public in Korea"" as provided by Article 2-1 (a) of the Unfair Competition Prevention and Trade Secret Protection Law ...

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