상표법위반
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant is a person operating the G’s net ice Blosoner, and the victim D Company registered the “E” trademark on January 19, 1987 (registration number F), and on February 22, 2011, registered the “G” trademark as designated goods (registration number H).
On June 10, 2013, at the defendant's office located in Seocho-gu Seoul Metropolitan Government I, the defendant posted a letter stating "D's G g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g.
Accordingly, the defendant infringed the trademark right of the victim.
2. Determination
A. Article 2(1)7(c) of the Trademark Act
Title is also considered as "use of a trademark" in the advertisement of goods, price lists, transaction documents, signboards or labels, and the display or distribution of a trademark.
However, if a person uses another person's registered trademark on goods identical with or similar to the designated goods, it constitutes an act of infringing another person's trademark right. However, even if a person uses another person's registered trademark, it is not for the purpose of indicating source, which is the essential function of the trademark, and thus it cannot be perceived as the use of the trademark, it cannot
(See Supreme Court Decision 2009Do310 Decided July 23, 2009, etc.).