Busan Civil Attorney's Assistance | Busan Civil Attorney Obtains Dismissal of an Application for an Injunction Prohibiting Trademark Use and Obstruction of Trade Name Use

This is the account of the client who requested the Busan civil attorney's assistance.

The creditor is a company engaged in the manufacture, sale, and distribution of general merchandise, and the client was the founder of that company and held the position of representative director until last year.

The client was subsequently dismissed as representative director and came to run their own business.

However, the creditor claimed that, even though the client had been merely a nominal representative director at the company, the client had applied for and registered the trademark used by the creditor under the client's own name without permission, and was using it without authorization.

The creditor determined that there were legal grounds to seek a prohibition of the client's acts of unfair competition and breach of the non-competition obligation, and filed an application for an injunction to preserve such grounds.

Feeling somewhat wronged, the client came to the Busan office and requested help from the civil attorney.

Using a trademark identical or similar to another person's registered trademark to produce or sell goods is regarded as 🔗trademark infringement. In such a case, the trademark holder may take legal action.

In addition, using another person's registered trademark without permission, or using a similar trademark to manufacture or distribute goods, also constitutes trademark infringement.

Likewise, using a trade name identical or similar to one already in use by another is also not permitted, and legal action may be necessary to prevent any confusion or harm that may arise from such acts.

The brand logo that the creditor claimed as its own work was in fact a trademark already applied for and registered by the client before the creditor's company was established.

It was, moreover, a trademark and logo created using the client's English name.

The attorney therefore emphasized that the rights to the logo claimed by the creditor belonged to the client.

The creditor argued, on the premise that the client was still a director of the company, that the client's acts breached the non-competition obligation.

However, the attorney emphasized that, due to a change in the officer particulars in the corporate registration, it was difficult to regard the client as holding the position of director at that company.

In this case, the client, who faced an application for an injunction prohibiting trademark use and obstruction of trade name use, obtained dismissal of the application with the Busan civil attorney's assistance and successfully resolved the case.

Legal disputes concerning trademarks and trade names are highly complex, so a careful and professional approach is necessary.

To thoroughly protect clients' rights, Daeryun Law Firm conducts precise legal analysis of various trademark and trade name disputes and develops systematic response strategies.

If you are facing difficulties in a situation similar to this case, please entrust your case to us through the 🔗Daeryun legal consultation booking service.