제품에 표시된 상표가 디자인권의 침해판단에 미치는 영향 -미국 항소법원(CAFC) Columbia Sportswear v. Seirus Innovative Accessories 판결을 중심으로- = The impact of logos included in accused designs in determining infringement of design rights

다국어 초록 (Multilingual Abstract)

If there is no trademark in the registered design, but any trademark is included in the accused design, it should be interpreted that the existence of such trademark does not affect the infringement judgment of the design right unless it is a special case. Such conclusions can be reached by two legal theories.
First, any trademark included in the accused design is merely a commercial modification, and can be regarded as not an important part of the design. Such a part is treated as having a low weight in the comparison process of the design, so any trademark included in the accused design has little influence on the infringement judgment.
Second, as a result of comparison including trademarks, even if both designs are dissimilar entirely, infringement of design rights can be recognized by the legal principle of the design utilize. The design utilize relationship is recognized when the essential features of the registered design are not damaged and are included in the accused design as it is. If the accused design contains the essential features of the registered design as it is, and simply adds a new trademark, the design utilize relationship is recognized. Once the design utilize relationship is recognized, it is a design infringement.
According to any legal principle, the courts in South Korea are likely to admit it is an infringement of design rights as the conclusion of this case.
The Community Design Court of the European Union is highly likely to recognize infringement of design rights. In the European Union, the legal principle of “likewith- like” has been established in the process of design comparison. In comparison of design, only the subject of protection of registered design should be compared. According to the principle, it is determined whether the overall impression is the same only by the remaining patterns (same subject) except for the trademark included in the accused design. In this case, the two designs are likely to have the same overall impression.