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TITLE Supreme Court Decision 2013Da84568 Decided October 15, 2015【Injunction against Design Right Infringement, etc.】 [full Text]
Summary
1] Legislative intent of Article 7(1)13 of the Trademark Act / Standard for determining whether a dimensionally shaped trademark of designated goods or its packaging falls under Article 7(1)13 of the Trademark Act

[2] Standard and method for determining similarity of trademarks, and standard for determining similarity of dimensionally shaped trademarks

[3] Where foreign companies including Company A (“Plaintiffs”) indicated medicine for cardiovascular conditions and treatment for erectile dysfunction as designated goods, registered their trademarks using the mark
“ ,”a dimensional diamond shape in a blue color tone, and sought injunction on infringement of trademark right, etc. against Company B (“Defendant”) that produces, sells, and advertises treatment for erectile dysfunction in the shape of“” and “,”the case holding that the registered trademark and the shape of Company B’s drug products cannot be deemed identical or similar
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