Patent Court Decision, 2019Heo6747, decided June 4, 2020 (‘GSHOBBY’ Case)
Mark at Issue: Prior-Used Mark:
The Subject Trademark is similar to the Prior-Used Mark because it combines
“HOBBY,” with little to no distinctiveness, to “GS,” which is a well-known
Prior-Used Trademark that pertains to the goods or services provided by GS
Group, a well-known large corporation. There are reasons for invalidating the
trademark registration under Article 7(1)(x) of the old Trademark Act, as the
Subject Trademark is likely to cause confusion as if the designated goods are
produced and sold by GS Group’s affiliates or those with special relations
with GS Group. The Subject Trademark is subject to the reasons for
invalidating the trademark registration under Article 7(1)(vi) of the old
Trademark Act because it contains the well-known Prior-Used Mark as it is.
The Subject Trademark is subject to the reasons for invalidating the trademark
registration under Article 7(1)(xii) of the old Trademark Act because it was
registered for fraudulent purposes, such as unjust enrichment by taking
advantage of the credibility and reputation embodied in the Prior-Used Mark
or by diluting the Prior-Used Mark’s function as a source indicator.