Burberry defeated in trademark suit in S. Korea

DAEJEON, Jan. 7 (Yonhap) -- A South Korean court has dismissed a trademark
infringement suit filed by Burberry against a small local karaoke salon for using
its name, officials said Thursday.

The Daejeon District Court ruled in favor of the owner of the karaoke salon
located in Cheonan, 92 kilometers south of Seoul, which the British luxury firm
sought to ban from using its name, claiming unfair competition practices, and
asked for 20 million won (US$17,600) in compensation.
Burbbery had filed the suit last August through legal representatives here, after
the owner refused to accept the company's request to stop using a signboard with
Burberry's name on it, officials said.
In its ruling, the court acknowledged the fact Burberry is a globally known brand
and the signboard looked similar to its trademark. However, it rejected
Berburry's claim that the Korean karaoke violated fair competition.
"An unfair competition practice is an act that occurs when (one business) uses
the same or similar brand or name, infringing upon distinctiveness or reputation
of (its competitor)," the court said.
"The one that claims unfair competition by another party should separately prove
the results or high chances of such loss. But since there is no evidence to prove
the damage in this case, this (use of the name Burberry) does not amount to
unfair competition," it said.
ejkim@yna.co.kr
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