[Consultation] Review of potential violation of the Trademark Act and the Unfair Competition Act regarding the use of identical expressions to registered trademarks, Veat.

Law firm Veat provided legal advice to Service Platform A regarding whether violations of the Trademark Act and the Act on Prohibition of Unfair Competition existed due to another service using expressions identical to A’s registered trademark.

Service Platform A, which operates the service platform, requested legal advice regarding a response plan related to another service using expressions identical to A’s registered trademark.

Law firm Veat, for this matter, examined whether violations of the Commercial Act, the Act on Prohibition of Unfair Competition and Protection of Trade Secrets (Act on Prohibition of Unfair Competition), and whether it fell under tortious behavior under the Civil Code, focusing on the identical or similar nature of the registered trademark and the identical or similar nature of the registered designated goods (services), the existence of trademark use (source indication, the essential function of the trademark).

In particular, regarding whether the use of the same expression as the existing registered trademark constituted a violation of the Act on Prohibition of Unfair Competition, we carefully reviewed whether the other party’s act was an act of confusing the business subject (Article 2(1)(b) of the Act), an act of diluting a well-known trademark (Article 2(1)(d) of the Act), or an unfair competition act based on general provisions (Article 2(1)(pa) of the Act).

Law firm Veat provides assistance based on extensive experience in trademark and unfair competition law, reviewing violations and infringements and recommending appropriate responses.

If you need legal advice regarding trademark infringement, unfair competition, or trade secret infringement, please contact Law firm Veat.

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Law firm Veat