CONTENTS
- 1. Background of the Case Handled by the Uijeongbu Law Office
- - The Story of the Client
- 2. The Statutes Related to the Case as Explained by the Uijeongbu Law Office
- 3. The Uijeongbu Law Office's Assistance to the Client
- - The Uijeongbu Law Office's Defense ① No Trademark Infringement After the Fine
- - The Uijeongbu Law Office's Defense ② Excessive Calculation of the Amount of Damages
- 4. The Result of the Uijeongbu Law Office's Defense
1. Background of the Case Handled by the Uijeongbu Law Office
The client was at risk of having to pay a large claimed amount because of a damages lawsuit arising from trademark infringement.
While searching for an attorney to receive legal help, the client visited the Uijeongbu law office.
The Story of the Client
The client runs a kitchenware distribution and sales business, and in the past he was prosecuted on a charge of violating the Unfair Competition Prevention and Trade Secret Protection Act for selling goods using the trademark of an overseas kitchenware brand, and was punished with a fine.
After that, the client no longer sold goods bearing that brand's trademark.
Nevertheless, the overseas brand filed a damages lawsuit, claiming that the client had continued to infringe its trademark right and obtain profits even after the criminal punishment.
The client therefore came to the Uijeongbu law office in order to receive legal assistance and proceed with a civil lawsuit.
2. The Statutes Related to the Case as Explained by the Uijeongbu Law Office
🔗Trademark infringement refers to an act in which another company or individual uses a well-known brand, logo, or the like without authorization and infringes the rights of the owner who holds the trademark right.
Because trademark infringement can cause confusion to consumers and deal a serious blow to a company's credibility, it is an area that companies also address and watch out for actively.
As in the client's case, if a trademark is used without authorization, one may bear not only criminal punishment but also civil liability for damages, so particular care is required.
If you face a damages lawsuit for trademark infringement, it is more important than anything to contest the facts on the specific matters at issue.
When a civil lawsuit for trademark infringement is brought or defended in this way, it is necessary to clearly calculate the amount of loss arising from it and to argue the legal grounds for it persuasively.
Because trademark infringement is, above all, directly connected to a company's trust and can deal a major blow to its sales, if you become involved in a legal dispute relating to it, consulting an attorney experienced in this area can be helpful.
3. The Uijeongbu Law Office's Assistance to the Client
The Uijeongbu law office closely gathered evidence on the point in time when the client stopped the trademark infringement and argued as follows.
The Uijeongbu Law Office's Defense ① No Trademark Infringement After the Fine
From the time he was sentenced to a fine on the charge of trademark infringement, the client had not sold or distributed any goods bearing that brand's misappropriated trademark at all.
The Uijeongbu law office emphasized that all of the loss claimed by the plaintiff had arisen before the client was sentenced to the fine, so there was a problem with the period used to calculate the amount of damages.
The Uijeongbu Law Office's Defense ② Excessive Calculation of the Amount of Damages
The plaintiff calculated the amount of damages on the premise that all of the client's sales fell within the scope of the trademark infringement.
Among these, however, were also other products on which that brand's trademark had not been misappropriated, so the amount of damages had been calculated excessively.
The Uijeongbu law office emphasized that the plaintiff's amount of damages had been excessively inflated.
4. The Result of the Uijeongbu Law Office's Defense
The court accepted the defense of the Uijeongbu law office and acknowledged that the amount of damages claimed by the plaintiff was in part excessive, and as a result of the trial it succeeded in reducing the claimed amount by about 60%.
This was a case in which a client who had been at risk of paying a large amount of damages on the ground of trademark infringement was assisted and had the claimed amount reduced.
In the case of a damages lawsuit relating to a trademark, because it is a civil lawsuit at the corporate level, it is large in scale and involves vast amounts of evidence to handle, so it is best to take particular care.
In addition, if a trademark right such as a logo has been misappropriated, it constitutes an 🔗act of unfair competition, so one may bear not only civil damages but also criminal punishment, which requires caution.
At Daeryun Law Firm, there are attorneys who have handled a range of trademark management work, so if you become involved in a related matter, you can respond promptly through a 🔗attorney recommendation.
If you are concerned about a similar matter, we recommend seeking advice and receiving assistance.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
