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(영문) 부산지방법원 2016.02.02 2016고정172

상표법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendants are those who sell clothing, etc. within the Busan Northern-gu EF market.

1. On October 13, 2015, Defendant A, who sells clothing, etc. without the trade name in Busan Northern-gu G, and around 13:39 on October 13, 2015, Defendant A displayed the trademark right for the purpose of sale to many and unspecified persons by displaying 9 points for the purpose of sale, in which the trademark registered in the Republic of Korea (the Korean Private Research Institute entrusted with the protection of domestic trademark rights) and a similar trade name is identical and similar to the trademark registered in the Republic of Korea (the Korean Private Research Institute entrusted with the protection of domestic trademark rights) in the above store.

2. On October 13, 2015, Defendant C sold clothes, etc. with the trade name “I” in Busan Northern-gu H, and on October 13, 2013:39, Defendant C infringed on trademark rights by displaying five points of handbags for female Handbags for sale to many unspecified persons, where trademarks registered in the Republic of Korea (Korean private research institute entrusted with the protection of domestic trademark rights) and similar shapes are identical and similar to those registered in the Republic of Korea (Korean private research institute entrusted with the protection of domestic trademark rights) at the above store.

3. On October 13, 2015, Defendant B sold clothes, etc. with the trade name “K” in Busan Northern-gu J, and on October 13, 2015, Defendant B infringed on trademark rights by displaying them for sale to many unspecified persons six points of handbags for women, where trademarks registered in the Republic of Korea (Korean private research institute entrusted with the protection of domestic trademark rights) and similar shapes are identical and similar to those registered in the Republic of Korea (Korean private research institute entrusted with the protection of domestic trademark rights) at the above store.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on detection;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 93 and 93 of the Trademark Act and selection of fines concerning facts constituting an offense;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Code or more of the Criminal Code at the detention of a workhouse.