Korea Electric and Telecommunication Corp. v. Hanaro Telecommunication Corp., 2000 Hu 3708,
March 23, 2001, published on May 15, 2001
The Supreme Court reviewed the Lower Courts holding that Hanaro Telecommucation Corporation's use of its name as "Hanaro Telecommunication" without "Corporation" is a common use of the business name warranting protection against prior registered trademark by a third party.
The Court reversed the Lower Court's holding stating that the use of "Hanaro Telecommunication" would not qualify as a common use of the business name pursuant to Trademark Law, Article 51, Section 1. Rather it is a short name of "Hanaro Telecommunication Corporation" which does not warrant protection unless it is famous to the public and consumers alike. Since the lower court did not even attempt to find out whether such a name is famous to the public and consumers alike, the Court reverse the Lower Court's holding and remand that it determine whether such a name is famous among the public and consumers alike.
