The second trial of the trademark infringement injunction case filed by Louis Vuitton Malletier against a reformer will be heard by a panel presided over by the Chief Judge of the Patent Court.
On the 25th, the Patent Court announced that it recently assigned the appeal case of the trademark infringement injunction lawsuit filed by Louis Vuitton against reformer Mr. A to the 31st Division, a special civil appeal division of the Patent Court. The panel consists of Chief Judge Jin Seong-cheol of the Patent Court and two high court judges from two other divisions. Except for Chief Judge Jin, the members of the panel are composed differently for each case.
The Patent Court referred this case to a special panel for focused trial, judging that it will have significant ripple effects on the reform industry and related sectors as well as society.
A Patent Court official said, "This case has great precedential significance and high research value regarding the scope of the exhaustion doctrine of trademark rights. We believed it necessary to refer it to a special panel for careful judgment."
In the first trial, the issue was whether the act of producing bags and wallets of different sizes, shapes, and uses using Louis Vuitton bag fabric received from customers constitutes trademark infringement.
The first trial court stated, "Reform products also constitute trademark infringement," adding, "Since the original quality and shape have changed to an extent that harms the identity of the goods beyond simple processing or alteration, it can be regarded as a substantial production act."
Han Su-hyun, Legal Times Reporter
※This article is based on content supplied by Law Times.
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