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(영문) 서울중앙지방법원 2016.08.10 2016고정1804

상표법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who purchases a handphone case on the Chinese Internet open market site “leep,” and a domestic total market, and sells it through “C” in the domestic Internet shopping mall operated by the Defendant. Defendant B is a corporation that imports handphone cases and related goods.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

1. Defendant A purchased 500 fakes 500 cables from other OOO, and decided to import them in the name of Co., Ltd. in order to sell them through the above C website.

On October 29, 2015, the Defendant imported 50 U.S.B cable 13,000,000 won in the market price through the Korea Customs Office in Gangseo-gu, Seoul, Gangseo-gu, 210, Kimpo-ro 210, an air freight (K310) from China, and discovered in the process of customs inspection.

Accordingly, the Defendant infringed the trademark right on the trademark registration (trademark registration number: No. 0026439) made a trademark registration (trademark registration number: No. 002649) by using a U.S. attachment connection cable to the Korean Intellectual Property Office as designated goods.

2. Defendant B, in relation to his business, committed an act violating the Trademark Act as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes to the detection and reporting of goods infringing on the right of reproduction, a copy of import declaration, and the cable photographs of forged plug USB;

1. Defendant A: Article 93 of the Trademark Act; Article 97 subparag. 1 of the Trademark Act; Article 97 subparag. 1 and Article 93 of the Trademark Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 97-2 (1) of the Trademark Act;

1. Defendants of the provisional payment order.