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(영문) 의정부지방법원 고양지원 2017.02.09 2016고단3450

상표법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

Reasons

Punishment of the crime

1. Defendant A entered into a contract with E Co., Ltd. on September 201 as a person who engages in wholesale and retail business of household goods with the trade name “D” in the territory of Pakistan, but there was no particular transaction with the aforementioned company since around September 2013 due to overdue payment.

On February 10, 2015, the Defendant: (a) decided to produce and sell household goods using the trademark “F” of E Co., Ltd. (hereinafter “F”); (b) around March 10, 2015, the Defendant issued 440,000 packaging papers of E Co., Ltd. (hereinafter “G”); (c) around March 10, 2015, on the packaging paper of E Co., Ltd., a package company located in Yangju-si peace, Yangju-si, without obtaining a license from the said trademark right holder; and (d) around March 10, 2015, issued 10,900 among the packaging papers of E Co., Ltd., Ltd. (hereinafter “F”); (d) around 60,00,000 among the packaging papers of E Co., Ltd., Ltd. (hereinafter “G”); and (e) sold 00,000,000 products, 10,000G products, 60,70, and 7,00.

Accordingly, the defendant used a trademark identical to the registered trademark of E company as trademark holder for goods identical with or similar to the designated goods, and sold it, thereby infringing trademark rights.

2. Defendant B: (a) around February 2015, who had engaged in stuffing business, etc. with the trade name “L”; (b) decided to produce and sell household goods using the trademark “F” of the E Co., Ltd., a trademark right holder (“F”); and (c) on March 2015, Defendant B manufactured “G”, “H”, “H”, and “I”, a synthetic paint, without having obtained a license from the said trademark right holder.