beta
(영문) 대구지방법원 경주지원 2015.02.12 2015고정3

상표법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who, from September 2012, has been engaged in the mail order business from September 201 to September 201.

1. From January 3, 2013 to April 2013, the Defendant in violation of the Trademark Act infringed upon the trademark right of E by selling to an unspecified number of unspecified persons 140 a foot-type trademark attached with a pattern identical or similar to the “D” trademark on January 3, 2013 through the Internet shopping mall, market, and 11a. The Defendant, a Japanese limited liability company, developed the original plant’s character of “D” in the shape of stoves, and “E” as designated goods, with the stoves, etc. as a registration number F. < Amended by Act No. 1400, Jan. 3, 2013>

2. The Defendant in violation of the Copyright Act infringed the author’s property right of original plant by selling 1400 figures reproduced in the same shape as “D” character, which is the art work of Japanese limited liability company, through Internet shopping mall as above, at the time and place mentioned in paragraph (1).

3. In violation of the Unfair Competition Prevention and Trade Secret Protection Act, the Defendant developed the Japanese original plant "D" character in around 2004 and imported and sold the character "D" character from around 2006 and entered into a contract on the domestic commercialization right with the above original plant and the above character, thereby causing confusion with the name "D" type "D sold domestically by E by selling 140 many unspecified persons through Internet shopping mall."

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A complaint;

1. A contract for commercialization;