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TITLE | Supreme Court en banc Decision 2010Da103000 Decided Oct. 18, 2012[Damages and Prohibition against Infringement on Trademark] [full Text] |
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Summary | |
[1] Where the court has yet to finalize the invalidation of registration of a trademark or service mark but it is evident that the registration of a trademark or service mark will be invalidated in a trademark invalidation trial, whether a claim for infringement injunction or for damages based on the trademark right constitutes an abuse of rights (affirmative in principle), and whether the court hearing the trademark or service mark infringement case may examine and determine the invalidity of registration of the trademark or service mark (affirmative) [2] Criteria for determining whether a trademark constitutes ¡°a trademark only with a mark expressing the quality, effect, and usage of goods in the common way¡± under Article 6(1)3 of the Trademark Act; meaning and criteria of ¡°trademark likely to mislead or deceive consumers as to the quality of the goods¡± under Article 7(1)11 of the Trademark Act [3] Where ¡°A¡± corporation holding rights to such trademarks and/or service marks as ¡° |
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