TITLE	Supreme Court Decision 2011Da18802 Decided January 24, 2013¡¼Cease , etc. of Trademark Infringement¡½ [full Text]
Summary
[1] If a mark which is identical or similar to another person¡¯s trademark is used solely as a design and cannot be perceived as trademark use, whether this constitutes trademark infringement (negative); and the standard for determining whether a mark is being used as a trademark [2] In a case where foreign corporation Gap (owner of trademark ¡° ,¡± whose designated products are precious metal necklaces, etc.) sought a cease and desist order, etc. of trademark infringement against Eul corporation (who sells pendant necklaces in the shape of ¡° ¡° ¡±), the case holding that Gap¡¯s trademark and the shape of Eul¡¯s product are not similar since any mistake or confusion about the source of each product can be avoided when seen as a whole, and the shape of Eul¡¯s product was used as a design only and cannot be regarded as being used as a product identifier

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