'KT Trademark' Dispute, David Defeats Goliath

Seoul High Court "KT Logis name can be used" ruling

In the court battle between KT and KT Logis over the trademark 'KT', small and medium-sizedlogistics company KT Logistics won the case against KT.

Given that KT Logistics is a spin-off from KT, the so-called parent company won a court battle over the right to use the name. KT Logis was founded in 2002 by KT's in-houseVenture, a moving logistics company that had been entrusted with KT's business, but with the end of the KT entrustment period, KT and KT Logis are now separate corporation.

The Seoul High Court Civil Division 4 (Deputy Chief Judge Lee Ki-tak) ruled in favor of KT Logis' lawsuit against KT to "fulfill its promise to hand over trademark rights for free at the time of the 2002 spin-off." lawsuit, reversing the trial court and ruling in favor of some of the plaintiffs, the company said Thursday.

The ruling also overturned the first trial in the case against KT Logis, which claimed that the company's unfair competition claim, the court also ruled in favor of KT Logis. However, the tribunal ruled that KT had failed to comply with the law after winning the first trial last year, and that the company had failed to comply with the domains (such as ktlogis.co.kr), the court ruled that the statute of limitations (five years) for KT Logis to demand the transfer had expired. If this ruling is confirmed by the Supreme Court, KT Logis will be able to Ad or 홈페이지에서 You can continue to write without deleting the 'KT' part of 'mutual'

"KT's agreement to transfer trademark rights to KT Logis is an independent agreement separate from the entrustment agreement for the comprehensive logistics computer network business," the court said, adding that "the agreement to transfer trademark rights cannot be considered invalid because the 'entrustment agreement' under which KT entrusted KT Logis with the business of a dedicated business operator was terminated or ended."

The court also concluded that "the use of KT or Katie cannot be considered as unfair competition as long as KT uses the business signs that KT has allowed to be used, and it is an abuse of rights against social order for KT to request a ban even though it has no benefit."

The companies' dispute dates back to 2002, when KT was the government-appointed concessionaire for the integrated logistics computer network, but was considering restructuring after accumulating a cumulative loss of 23.3 billion won in five years. KT came up with a solution: spin-off (in-house venture). KT Logis was born in November 2002 and took over as the sole provider of the integrated logistics information network. KT was able to clean up its unprofitable business, and KT Logis became a Cargo Location tracking service I was able to start my business and more right away.

But after the 2007 Logistics Policy Framework Act abolished the dedicated carrier system, the relationship between KT and KT Logis became delicate. As a result, KT filed a lawsuit in court early last year, claiming that "even after the business entrustment agreement between the two companies was terminated, KT Logistics continued to use the KT name and business signs, causing confusion among consumers." The first instance court ruled in favor of KT, saying, "KT Logis' use of the name KT Logis as a widely recognized business sign may cause consumers to confuse the company as an affiliate of KT."

Lawyers(Law firm Hanbyul), said, "KT blocked the existing KT Logis domain after the first trial ruling and changed the homepage in a hurry."

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'KT Trademark' Dispute, David Defeats Goliath