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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 | |
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In a case where a trademark owner filed an application for registration of a trademark similar or identical to a prior applied and registered trademark of another person before the filing date of the said trademark owner’s application for trademark registration, and used the said trademark on goods that are similar or identical to designated goods of the prior registered mark, whether such filing and use constitutes an infringement of the prior registered trademark regardless of whether the trial ruling invalidating registration of the subsequent registered trademark (affirmative) Whether the same legal doctrine is invariably applicable to patent rights, utility model rights, and design rights (affirmative) |
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