Supreme Court of Korea

“ But in light of the fact that when purchasing goods, ordinary users of the designated goods tend to focus on the contents of the creative work contained in the designated good or the title thereof, rather than the trademark itself, the mere fact that the contents concerning the computer operating system can be included in the designated goods is not sufficient to establish that ordinary users recognize the registered trademark as a mark indicating the contents of the designated goods in a common way. ”

“ Therefore, the part of the judgment of the court below against plaintiff shall be reversed and the corresponding part of this case shall be remanded to the court below. It is so decided as per Disposition. ”