1. Other trademark-related issues
*Which of the following statements about domain names is incorrect?
Registration, possession, and use of domain names identical or similar to trademarks widely recognized in Korea for illegal purposes are limited to the Unfair Competition Prevention Act, not the Trademark Act. That is, a domain name for the purpose of selling or lending to a person who has a legitimate title to a mark, such as a trademark, or for the purpose of renting it to a third party, for the purpose of obstructing the registration and use of a domain name by a person with a legitimate title, and for other purposes of obtaining commercial profits. Registration, possession, and use of the company are an act of unfair competition under the Unfair Competition Prevention Act.
An application for trademark registration for a mark identical or similar to another person's domain name will not be rejected due to another person's domain name unless there is another reason for rejection
. Registration application cannot be obtained without a registered domain name is not Cyber squatting, which is registered as a domain name by stealing famous trademarks and marks, is restricted under the Unfair Competition Prevention Act.
*Is it possible for a person who is not a domestic trademark holder or licensee to import luxury bags from abroad?
A person who is not a domestic trademark right holder or licensee cannot, in principle, import goods bearing a trademark on the grounds of territoriality. However, in the case of genuine parallel importation of goods, a third party who is not a trademark holder or licensee may import a trademarked product. However, in this case, a problem arises as to how far advertisements are allowed to sell the product.
1) Domain name
- well-known trademark dilution: Acts that damage the identity or reputation by using the same or similar mark as a well-known product or sales mark in Korea. In this case, it regulates acts that go beyond the scope of the confusion, and is a provision prepared as a remedy for the frequent occurrence of acts that damage the recognition or credibility of famous trademarks due to the recent selection of domain names.
2) Parallel import of genuine goods
- Meaning: A third party without a title transfers goods (authentic goods) legally labeled and distributed in one country by a trademark holder who owns the same domestic/foreign trademark to another country. Importing and selling without the permission of the trademark right holder or exclusive licensee
- In the case of the same domestic and foreign trademark right holder, 1) parallel import is allowed if there is no domestic exclusive licensee, 2) if there is a domestic exclusive licensee, the exclusive licensee imports goods of a foreign trademark right holder; Parallel import is permitted in the case of sales only, but parallel import is not permitted if the exclusive licensee manufactures and sells it independently in Korea.
- When the domestic and foreign trademark right holder is a third person 1) Parallel import is allowed if there is a close legal and economic relationship between domestic and foreign trademark right holder, the domestic trademark right holder cannot form independent commercial credit in relation to the source of the product and there is no difference in the quality of the product itself. Although this is allowed 2) Parallel import is not permitted if there is no relationship between domestic and foreign trademark holders.
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