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| TITLE | Supreme Court en banc Decision 2018Da253444 Decided March 18, 2021 【Prohibition of the Infringement on Trademark Rights, etc.】 [full Text] |
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| Summary | |
| 【Main Issue and Holding】 In a case where a trademark owner filed an application for registration of a trademark similar or identical to a prior trademark which was applied for and registered by another person before the filing date of the said trademark owner’s application for trademark registration, and used the said trademark on goods similar or identical to the designated goods of the earlier-registered mark, whether such filing and use constitutes an infringement of the earlier-registered trademark regardless of whether the trial ruling invalidating the registration of the subsequent registered trademark became final and conclusive (affirmative) Whether the same legal doctrine is invariably applicable to patent rights, utility model rights, and design rights (affirmative) | |
