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Newsletter/ December 31, 2001 No. 83

Disputes about intellectual property right related to the wireless internet

It seems that the disputes about intellectual property rights related to the wireless internet will be intense.
Recently, music productions such as J Entercom, Manminae Media, etc.
insisted that mobile sound downloading companies-for example Danal, Yaho Communication, Telme Information Communication, Osai, Infohub and the like-infringed their music copyrights.
With respect to this, the mobile sound downloading companies stated that they have already paid copyright fees to Korean Music Copyright Association and remade all of the music through the MIDI process, and consequently the insistence of music productions is unreasonable.
Prior to this dispute, Infohub sent an official document to related businesses, in which they said that they planned to push forward with negotiations in order to use a patent right for settlement of mobile accounts.
However, some companies-including Danal-were opposed to Infohub because the filing date of their patent application was earlier than that of Infohub, and they also started service in advance of Infohub.
In addition, a patent application of the numeral domain using mobiles has been already filed so there is a possibility of dispute among the related companies under preparation of the service.

'Scotch blue' won a dispute about bottle shape against 'Ballantine's'.

'Scotch blue' won a dispute of trademark right between 'Ballantine's' and 'Scotch blue'.
The Korean corporation of the English Allide Domec responsible for producing 'Ballatine's' filed a provisional disposition application to prevent the manufacturing company of 'Scotch blue', Lotte Chilsung corporation, from manufacturing a whisky bottle similar to 'Ballantine's'.
However, the application was rejected by the Seoul District Court.
The Seoul District Court decided that liquor bottles with a cylindrical trunk and narrow neck are commonly used as whisky bottles.
Moreover, the color of the whisky bottles is generally green or brown, therefore this shape and color cannot be characteristic of only 'Ballantine's'.

On-Korea.com plans to claim damages for ten billion won against iloveschool.

The On-Korea.com website managed by the professional English education site of On-English.com announced that they planned to claim damages for ten billion won against an alumni association site of iloveschool under suspicion of hacking into an education site.
The representative of On-Korea.com said that illegal acts by the representative and team director of the 'iloveschool' site were confirmed through the criminal investigation procedure, therefore he decided to sue iloveschool for damages.
On-Korea.com added that the claim for damages would be calculated at ten billion won or more.
The loss due to the hacking of iloveschool was estimated at about 16 billion won.
This lawsuit for damages has attracted the attention of the business world due to the large scale of the hacking operation.
On the other hand, the former president of iloveschool was arrested on suspicion of forcing a staff member to hack into an on-English.com over 26 times to completely paralyze the system.
The first public trial is due to begin on December 21.

Arrowroot juice sellers using the term 'Viagra' was given a decision of "infringement of trademark rights".

The Seoul High Court reversed the original decision and decided in favour of the plaintiff in a lawsuit which the Fija company producing 'viagra' ins
 
 
 
 
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