상표법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal by the Defendant is that the registration of the trademark as indicated in the judgment below is null and void, and even if not, the Defendant did not infringe on the trademark right, the court below erred by misapprehending the facts, thereby finding the Defendant guilty of the facts charged in this case.
2. Determination
A. The summary of the facts charged and the judgment of the court below (1) are as follows.
The Defendant is a person who, from June 2008, operates “D” as a manufacturer of water purifiers in Gwangjin-gu Seoul Special Metropolitan City.
The Defendant posted on the D website (E) from January 1, 2013 to September 2014, in an advertisement that sells water purifiers indicated in the trademark “I” (hereinafter “the trademark of this case”) registered as H with the G Intellectual Property Office by the owner of the trademark right F, and sold 36,00 won of water purifiers marked with the trademark of this case through the Internet, etc. from January 10, 2013 to July 2013 through J, 2013, the Defendant sold 36,000 won each of the 6,50 won of water purifiers marked with the trademark of this case through the Internet, etc.
Accordingly, the defendant committed an infringement of trademark rights.
(2) Accordingly, according to the evidence presented by the lower court and the materials submitted by the Defendant, the lower court determined that the Defendant and F invested money in the Defendant on December 2, 201, and entered into a contract with F to exclusively supply and sell K purifiers (the additional L purifiers was added), and that F applied for the trademark “I” and completed the registration of F while carrying out the business under the above agreement, and the Defendant manufactured and supplied the instant trademark to F. F. The Defendant planned to sell the said water purifiers as one of the sales agents operated by the Defendant. However, in light of the following circumstances revealed by the above evidence, the Defendant sold the water purifiers attached the instant trademark from January 201 to D.