증강현실에서 상표권 침해에 관한 연구

Trademark Infringement in Augmented Reality Park, Yusun** Expert Advisor at Korea Invention Promotion Association(KIPA) Recently, ‘Infinite Challenge(Muhan Dojeon)’ had the episode of ‘Mudori GO’ aired on one Saturday evening. Six members of Infinite Challenge used mobile devices with GPS capability to locate and capture ‘Mudori’ which appeared on the screen as if they were in the same real world location as the members. Sounds familiar? Yes! ‘Mudori GO’ is a parody of ‘Pokémon GO’, the most popular augmented reality game in 2016 and ‘Mudori’ is the logo and the registered trademark of the program. Augmented reality is a technology enriching the real world with virtual data by superimposing computer-generated text, images, and sounds over real surroundings. As augmented reality is a digital layer over the real world, people can’t see with the naked eye but they can see with the camera on a smart phones or AR devices. Augmented reality has many legal issues including intellectual property, privacy, product liability and torts etc. due to its technical characteristics. This paper will examine intellectual property issues focusing on trademark infringement in augmented reality. Especially, the advertising in augmented reality is triggered by a logo or a trademark of a company in reality which is not included in the advertising in augmented reality. Therefore it is not clear whether advertising in augmented reality using the trademark constitutes trademark infringement under the traditional trademark infringement claim. This paper will compare advertising in augmented reality with keyword advertising and discuss various issues including trademark dilution, freedom of speech, sensory trademark and copyright infringement issues.