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[1] Recognition of a phonogram as a mark to distinguish the particular phonogram from others
[2] To whom belongs the right to credibility and consumer attraction of a seller embedded in a phonogram title where the phonogram is recognized as a mark to distinguish the particular phonogram from others (held, the rights belong to the producer or the seller of the phonogram)
[3] The elements which establish an abuse of trademark right by the right-holder
[4] Where such title of a series of edited albums as "" "" is already recognized as a mark distinguishing it from others among transactional parties or general consumers, the credibility and consumer attraction of the seller is already embedded in the title
[5] Where the title "" "" is already recognized as a mark distinguishing it from others, and where the person who applied for and registered the trademark of the title "" "" seeks an injunction to prevent the prior user from producing and selling the phonogram, the injunction shall not be granted, on the ground that it constitutes abuse of trademark
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