What punishment do I receive for trademark law infringement?

浏览量5,984

I've suffered serious harm from online posts and comments and am considering a defamation civil lawsuit. The problematic posts were on social media and online communities, and some have already been deleted or edited. I'm not sure if a lawsuit is still possible in this case, or what materials I need to secure as evidence. I'd like to know what evidence must be prepared and what to watch out for before filing a defamation civil lawsuit.

trademark law infringement

trademark law violation

trademark rights lawsuit

相关咨询的解答

作者: 고병준

You asked about trademark law infringement. A trademark is a concept specified in the Trademark Act, referring to a mark used to distinguish one's own goods from those of others.

It may sound a bit difficult, but to explain it simply, in the entertainment industry, trademarks include idol names, logos, and symbols.

Recently, trademark application is also increasing for idol merchandise products.

To prevent unauthorized use of such trademarks and legally protect them, registering a trademark grants a right called trademark rights.

These trademark rights have a 10-year duration after registration, and you can monopolize the right to use the trademark during that period.

Usually, trademark rights for idols are owned by their agency, so as long as the contract is maintained, no problems arise with trademark use.

However, after terminating the contract with the agency, if you continue to use the group name or name, legal disputes may arise from trademark law infringement.

If a person without trademark rights infringes on exclusive use rights, they may be punished with imprisonment of up to 7 years or a fine of up to 100 million won.

Therefore, to use another's trademark rights without trademark law infringement, it is desirable to receive approval for trademark use through amicable agreement.