Supreme Court Decision 2018Da249995 Decided November 17, 2022 【Lawsuit for Claim for Prohibition of Use of Name】

【Main Issues and Holdings】
[1] Whether an unincorporated association may have the right to the name as the subject of a personal right (affirmative), and even if the name of an unincorporated association is made up of common words including terms referring to the geographical name or universal nature, a case where the right to the name may be recognized
Where another unincorporated association uses a name the same as, or similar to, a specific unincorporated association, the method of determining whether such act infringes upon the right of the unincorporated association to the name
[2] Whether the right to request prohibition including suspension, prevention, etc. of infringement may be recognized as the proactive (preventive) means of relief against the personal right infringement (affirmative)
Requirements for an unincorporated association to demand a ban on the use of the name against another unincorporated association that infringed upon the right by using its name