상표법위반
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant is a person running the non-pharmaceutical drugs manufacturing company C (hereinafter “C”) located in Yangsan-si, and D and E are a trademark right holder of the registered trademark “G” (hereinafter “G trademark”) registered with the Korean Intellectual Property Office with registration number F as a product designated by using his/her sub-phones with the relevant victims as a designated product on April 17, 2003.
In the dispute over G trademark between the defendant and the victims, the defendant was sentenced to a fine of five million won on June 8, 2016 in Busan District Court Decision 2013 High Court Decision 2013 High Court Decision 6078, the defendant violated the trademark right of G trademark of the victims on June 8, 2016 (Violation of the Trademark Act) and the judgment became final and conclusive around that time. The victim D filed a lawsuit against the defendant et al. for the prohibition of trademark infringement, etc., and filed a lawsuit against the defendant et al. on November 24, 2017, the Seoul Central District Court Decision 2016Ga538429 decided on November 24, 2017 that the defendant shall not engage in any act infringing the trademark right of the victims, and the judgment became final and conclusive on December 16, 20
On the other hand, on August 29, 2001, the Defendant reported to the Ministry of Food and Drug Safety (hereinafter “Food and Drug Safety”) the manufacture of the G, a product name of “G”, and as a result, when searching “G” on the information site of drugs, etc. among the food and drug sites, among the food and drug sites, “G” appears in the product name, and “C” appears in the product name and “company name.” As such, the Defendant caused confusion as if C operated by the Defendant was entitled to the G trademark.
Accordingly, even though the victims requested the defendant to take measures to prevent the "G" from being searched as the defendant's product C by means of reporting the change of the name of the product to the food and drug wife around April 23, 2018 and around the 26th of the same month, the search screen of the above contents continues to exist until November 16, 2018.