상표권침해금지가처분과 상표권 침해로 인한 손해배상청구권의 소멸시효

Abstract

The legal proceedings to seek provisional disposition to enjoin infringement of trademark do not affect time limitations to claim damages arising out of trademark infringement. Rather, any right to claim damages for trademark infringement commences on the day when the trademark holder becomes aware of an infringement of its trademark by a third party. In addition, as the rights to claim damages arising out of trademark infringement do not constitute a right to be preserved by the legal proceedings to seek provisional disposition to enjoin infringement of trademark, such legal proceedings cannot be a reason to justify temporal suspension of enforcement of the statutes of limitations to sue the infringing party for such infringement.