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(영문) 의정부지방법원 2016.11.10 2016고단4127

상표법위반

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence1 through 8 shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant, within the “E” factory of a size of 30 square meters located on the second floor of Seoul DD building, installed four rewing molds, three subwing molds, three special type equipment (Rubber), one foundation flag, and one foundation board, etc., and manufactures any neck attached with a forged well-known trademark by employing 12 employees.

1. Around 16:00 on April 22, 2016, the Defendant received orders from F (G) and H (I) on personal information in the above E plant, and made a trademark infringement of the trademark right holder by manufacturing 200 marks (148 points for complete products and 52 points for semi-finished products) under the name of a trademark attached with a trademark similar to a trademark registration (No. 0160728) to the Korean Intellectual Property Office in the Adiene Adiene Adiene Adixa (No. 016078).

2. The Defendant received the above orders at the same time, time, and place as above, and made the trademark registration (No. 066230) at Warsaw, manufacturing the trademark rights of the trademark right holder by manufacturing 153 marks (3 points of complete products and 150 points of semi-finished products) under the name of a trademark similar to the trademark of the trademark of the trademark of the trademark (DESCNE) at the Warsaw.

3. At around 16:00 on April 22, 2016, the Defendant: (a) kept one-half of half-finished goods attached with the trademark similar to the trademark “Adidas”, such as the above paragraph (1) and one-finished goods attached with the trademark “Adidas”; (b) kept two-finished goods under the control of the manager, etc.; and (c) infringed the trademark right of the trademark holder, respectively, by keeping the trademark similar to the trademark “DESENE” and the trademark “Adidas” under the aforesaid paragraph (1) and paragraph (2) of the same Article.

4. On March 15, 2016, from around April 20, 2016 to around April 20, the Defendant received orders from “F (G)” and “H (I)” as stated in paragraph (1) above. On the other hand, the Defendant provided that M operating a factory of “L” on the first floor below the K building in Namyang-si, Namyang-si, with the primary and subsidiary materials for the manufacture of “L”, and that M provides M with the same as the above paragraph (1).