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(영문) 서울중앙지방법원 2015.06.24 2015고정2267

디자인보호법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From September 2014 to December 2014, the Defendant violated the Design Protection Act: (a) at the office of the “C” office of mobile phone small and retail chain (C) operated by the Defendant located in Gwanak-gu in Seoul Special Metropolitan City; (b) at the victim LIB Co., Ltd. (Korean Intellectual Property Office on Nov. 20, 2009, with the design registration (No. 30-0546232) on Nov. 20, 2009; (c) at 13,50 won per unit; and (d) at 0 to 00 to 200 to 13,50 to 14,200 to 14, 200 to 13,50 to nives design registration (No. 30-0730452 ton B-80 ton of products; and (d) at the victim’s 20 ton-20 ton 20 ton-7 to 20 ton20 to o-7.

2. No act of causing confusion with another person's goods by using any name, trade name, trademark, or container or package of goods of another person widely known in the Republic of Korea in violation of the Unfair Competition Prevention and Trade Secret Protection Act, or by selling, distributing, importing, or exporting goods bearing such name, trade name, trademark, or any other mark indicating another person's goods;

Nevertheless, the Defendant sold BS-730, HBS-80, HBS-800, and TONE UTRA’s marks identical or similar to the goods of LBS-730, indicating that the goods of LBS-730, which were widely recognized in the Republic of Korea, at the same time and place as those listed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Investigation report (Comparison between a fixed object and a fake product);

1. Each protocol of seizure and the list of seizure;

1. The original trademark register;

1. Each design registration certificate;

1.Each.