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  • 知的財産(IP) No-Transfer Decision in Trademark Act Complaint Involving Search Advertising Keywords




  • This case involved a company operator who was accused of violating trademark rights while setting Naver search keywords. The client visited Law Firm Taelim to avoid unexpected losses that could arise if the conduct was recognized as trademark infringement.

    The case concerned the setting of Naver search keywords identical or similar to another party??s trademark. On its face, it appeared clear that another party??s trademark had been used.

    Taelim??s attorneys acknowledged that the client had set another party??s trademark as a keyword, but strongly argued, based on relevant precedents and legal principles, that this conduct did not constitute trademark use as a source identifier. The investigative agency found that the client??s Naver keyword setting did not constitute trademark use and that there was insufficient evidence of likely confusion or misunderstanding as to source indication. It therefore issued a no-transfer decision.

    Because it was clear that the client had set another party??s trademark as a Naver search keyword, the case carried a high risk of being referred for prosecution absent a specific legal argument and persuasion. This case is meaningful because Taelim??s attorneys actively explained the complex legal principles to the investigator and obtained a no-transfer decision through persistent persuasion.

    If you are facing a similar difficulty, please feel free to contact Law Firm Taelim at any time.