Broadcasting platform's new service trademark infringement and Unfair Competition Prevention Act review.

Law firm Veat received a request from broadcasting platform A (hereinafter referred to as "the client") to review trademark infringement and violation of the Unfair Competition Prevention Act regarding the platform's new service.

The Law firm Veat TIP team focused on whether trademarks could be infringed when the client's new service connects with another company’s streaming intermediary platform without going through the other company’s API, or when exposing each other.

First, the Law firm Veat TIP team reviewed whether the client's new service uses another company’s trademark, and whether such use constitutes trademark infringement.

In addition to the issue of trademark infringement, we also additionally reviewed potential legal issues arising from the 「Act on Prevention of Unfair Competition and Protection of Trade Secrets」 (hereinafter referred to as "the Unfair Competition Prevention Act") and the 「Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.」 (hereinafter referred to as "the Information and Communication Network Act").

In particular, we advised clients to carefully review whether developing services that connect with other companies’ services without their permission constitutes unfair access and data acquisition through the information and communication network, and to ensure compliance with the Information and Communication Network Act and related laws.

The Importance of Trademarks

A trademark is a mark used to distinguish one’s goods from those of others. The trademark owner informs consumers that a product or service is theirs through the trademark, induces them to purchase or use the service, and obtains economic benefits. However, infringing on such trademark rights leads to another company utilizing their trademark on goods or services, leading them to believe that the trademark belongs to them, and robbing them of their economic benefits.

Before using a trademark, check whether the trademark is already registered. If the trademark is registered, it is advisable to obtain the trademark owner’s consent or license before using it. If the trademark owner proceeds without this consent procedure, they may demand an injunction against infringement and damages.

Furthermore, using another company’s trademark or service mark unfairly, causing consumer confusion or damaging another’s reputation, may constitute a violation of the Unfair Competition Prevention Act.

Therefore, it is important to seek assistance from a trademark attorney with extensive experience in trademark rights and intellectual property to minimize legal risks and develop a strategy for safely utilizing trademarks, including checking whether permission from the trademark owner is required before using their trademark, whether the use is within the scope of their rights, and how the trademark procedure proceeds.

The Law firm Veat TIP team provides optimized legal advice based on the client's necessary trademarks and intellectual property rights and the circumstances.

The Law firm Veat TIP team is led by Oh Seung-jong, who served as Chairman of the Copyright Committee, and includes Choi Seong-ho, Representative Attorney selected as a "Leading Lawyer" in the Legal Times TMT field, An Il-woon, Attorney actively engaged as a specialist of the Korea Copyright Committee, and Jeon Yong-hwan, Attorney with extensive experience in ICT regulatory sandbox and pilot service legal consultation. We have abundant experience and expertise in legal consultation in the fields of intellectual property rights, unfair competition prevention, and related laws.

If you need help with trademark rights, copyrights, design rights, or the Unfair Competition Prevention Act, please contact Law firm Veat.

Sincerely,

Law firm Veat