Seoul Central District Court Decision 2007Gahap2393 delivered on November 28, 2007
【Claim for Prohibition of Using Analogous Trademark】
Translation of Official Court Summary
Where the economic value, which is created by the name and portrait, etc. of internationally well-known former player of the national badminton team, is recognized widely among advertisement businesses and related businesses, the action of infringing the value shall constitute a tort under the Civil Act. Within the above limit of protection, the above player’s exclusive control over the commercial use of one’s name, portrait, etc, shall be a sufficient right for publicity, thus it is an independent and separate property right from the player’s moral right, though the right is derived from the player’s moral right.
Translations of Korean Court Entertainment Law Cases (Court Summaries)
- Korean Business/Service Marks Protection under the Unfair Competition Prevention and Trade Secret Protection Act
- The Violation of Right of Publicity in Korea: Badminton Player Park Ju-Bong’s Case
- Definition of Defamation in Korea
- Censorship Prohibited in Korea: Korean Entertainment Law Cases
- Definition of Copyright in Korea: Ideas vs. Expressions: Korean Entertainment Law
- Definition of “Author” under Korean Copyright Act: Entertainment Law Cases in Korea
Sean Hayes may be contacted at: [email protected].
Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the only non-Korean to have worked as an attorney for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty.
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