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justaguy
Joined: 01 Jan 2008
Location: seoul
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 Posted: Sat Jan 03, 2009 4:13 am Post subject: Fake goods not responsibility of Web site |
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Fake goods not responsibility of Web site: court
December 03, 2008
In the first case involving the online sale of fake goods in Korea, a Seoul court ruled yesterday that an online marketplace site is not responsible if counterfeit goods are put up for sale on its pages.
The ruling stemmed from a 100 million won ($68,200) lawsuit local outdoor-apparel producer K2 filed against Interpark Co., a major Korean online marketplace.
K2 had accused Interpark of infringing on its trademark rights by not preventing the sale of fake K2 goods on its site.
In rejecting K2�s claim, the Seoul Central District Court said Interpark is not the one violating trademark rights.
�In an open market, there is always the potential for infringement of trademark rights, as lots of goods are being sold. However, we cannot put a mandate in place that pressures online marketplace businesses to search for and delete every product being sold on the Internet just based on a potential risk,� Judge Lee Gyun-yong said in the ruling.
�A company only must take responsibility when there are already comprehensive preventative measures in place [in society] against trademark violations.�
In May 2006, K2 demanded that Interpark halt the sale of counterfeit K2 products and pay damages, according to Interpark officials. In response, Interpark repeatedly stopped online retailers attempting to sell bogus K2 products.
Still, it said, it only offers a place where people can sell products and cannot be responsible for every case of rights infringement.
The court said Interpark does not need to pay compensation as it has previously informed K2 of its efforts to remove the fake goods and notified the firm that it cannot completely prevent the sale of such products. |
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justaguy
Joined: 01 Jan 2008
Location: seoul
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| Posted: Sat Jan 03, 2009 6:36 am Post subject: |
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| Nice to see 100% pure free market capitalism with home delivery. |
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bassexpander
Joined: 13 Sep 2007
Location: Someplace you'd rather be.
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| Posted: Sat Jan 03, 2009 8:07 am Post subject: |
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| If this had been a Korean company getting their goods faked, I'd bet you the outcome would have been different. |
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crosbystillsstash
Joined: 12 Oct 2008
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| Posted: Sat Jan 03, 2009 8:10 am Post subject: |
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| bassexpander wrote: |
| If this had been a Korean company getting their goods faked, I'd bet you the outcome would have been different. |
correct |
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CentralCali
Joined: 17 May 2007
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| Posted: Sat Jan 03, 2009 11:46 am Post subject: Re: Fake goods not responsibility of Web site |
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| justaguy wrote: |
| �A company only must take responsibility when there are already comprehensive preventative measures in place [in society] against trademark violations.� |
Translation: Korean society doesn't care about trademark violations of foreign goods; therefore, Korean courts shan't care either.
| Quote: |
| �A company only must take responsibility when there are already comprehensive preventative measures in place [in society] against trademark violations.� |
Translation: Korean courts most certainly are not preventative measures against trademark infringement of foreign goods. |
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justaguy
Joined: 01 Jan 2008
Location: seoul
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| Posted: Sat Jan 03, 2009 3:39 pm Post subject: Re: Fake goods not responsibility of Web site |
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| CentralCali wrote: |
Translation: Korean courts most certainly are not preventative measures against trademark infringement of foreign goods. |
Which country's trademark are you talking about? |
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bassexpander
Joined: 13 Sep 2007
Location: Someplace you'd rather be.
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| Posted: Sat Jan 03, 2009 5:30 pm Post subject: Re: Fake goods not responsibility of Web site |
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| justaguy wrote: |
| CentralCali wrote: |
Translation: Korean courts most certainly are not preventative measures against trademark infringement of foreign goods. |
Which country's trademark are you talking about? |
Obvious: Any other country not Korea.
And they wonder why foreign companies aren't interested in investing here. |
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justaguy
Joined: 01 Jan 2008
Location: seoul
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| Posted: Sat Jan 03, 2009 5:58 pm Post subject: Re: Fake goods not responsibility of Web site |
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| bassexpander wrote: |
| justaguy wrote: |
| CentralCali wrote: |
Translation: Korean courts most certainly are not preventative measures against trademark infringement of foreign goods. |
Which country's trademark are you talking about? |
Obvious: Any other country not Korea.
And they wonder why foreign companies aren't interested in investing here. |
Foreign companies aren't interested in investing anywhere right now.
Just to play the Devil's advocate, aren't the Koreans supplying a segment of the market that foreign companies simply refuse to do based on price?
What I'm trying to say is fake goods are produced and sold because many brand name goods are too expensive for most people. Most people with the money to buy real, probably will buy real goods.
Those who can't afford real buy fake. People who buy fake would never have bought a real item anyway because they can't afford it. So it stands to reason that the damages claimed by foreigners is much smaller than they say. The Koreans are not stealing customers but rather servicing a different price range. |
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Xuanzang
Joined: 10 Apr 2007
Location: Sadang
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| Posted: Sat Jan 03, 2009 6:14 pm Post subject: |
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Korea already has brands that are blantant copyright infrigement. Red Face, Tommy Atkins, the Bear Company (rip off of Polo Ralph Lauren). bassexpander is right. if it was Bamsung or FG then the Korean courts would get pissy and go to the ICJ  |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Jan 03, 2009 6:50 pm Post subject: |
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| Xuanzang wrote: |
| Korea already has brands that are blantant copyright infrigement. Red Face, Tommy Atkins, the Bear Company (rip off of Polo Ralph Lauren). |
...and Farasonic. Bought a Panasonic discman and got the old switcheroo. Bastards. |
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Xuanzang
Joined: 10 Apr 2007
Location: Sadang
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| Posted: Sat Jan 03, 2009 6:56 pm Post subject: |
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| Young FRANKenstein wrote: |
| Xuanzang wrote: |
| Korea already has brands that are blantant copyright infrigement. Red Face, Tommy Atkins, the Bear Company (rip off of Polo Ralph Lauren). |
...and Farasonic. Bought a Panasonic discman and got the old switcheroo. Bastards. |
Seriously? From internet shopping or Yongsan? |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Jan 03, 2009 7:01 pm Post subject: |
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| Xuanzang wrote: |
| Young FRANKenstein wrote: |
| Xuanzang wrote: |
| Korea already has brands that are blantant copyright infrigement. Red Face, Tommy Atkins, the Bear Company (rip off of Polo Ralph Lauren). |
...and Farasonic. Bought a Panasonic discman and got the old switcheroo. Bastards. |
Seriously? From internet shopping or Yongsan? |
Yongsan scumbags. Technomart gets all my business now. |
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Smee
Joined: 24 Dec 2004
Location: Jeollanam-do
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justaguy
Joined: 01 Jan 2008
Location: seoul
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| Posted: Sun Jan 04, 2009 12:32 am Post subject: |
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| I guess it all comes down to supply and demand. As long as there is strong demand for something, there will be people there supply it. There are lots of people doing it so it must be a moneymaker. |
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caniff
Joined: 03 Feb 2004
Location: All over the map
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| Posted: Sun Jan 04, 2009 1:08 am Post subject: |
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| Xuanzang wrote: |
| Korea already has brands that are blantant copyright infrigement. Red Face... |
I think the brand is actually called "The Red Face". That one cracked me up the first time I saw it. I pictured a group of adjoshis getting shitfaced on soju on some mountainside while wearing the stuff. |
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