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(영문) 의정부지방법원 2020.09.24 2020고단2001

상표법위반

Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, for two years from the date this judgment became final and conclusive, as against Defendant A.

Reasons

Punishment of the crime

1. No person who is a defendant A shall possess goods identical or similar to the designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transferring or delivering them;

Nevertheless, around September 3, 2019, the Defendant held 3,945 mobile phone cases with trademarks similar to the registered trademark "H (registration number I), K (registration number L) registered with the Korean Intellectual Property Office, and MN marks (registration numberO) registered with the Korean Intellectual Property Office, in order to deliver mobile phone cases sold by the Defendant at Internet sites E, etc., at the office D office in which the Defendant, which is located in Gyeonggi-si, Nam-si, the Defendant, around September 3, 2019.

Accordingly, the Defendant possessed goods identical or similar to the designated goods on which another person’s registered trademark or other similar trademark is used to transfer or deliver them, and committed an infringement of trademark rights or exclusive license.

2. No person who is a defendant B shall possess goods identical or similar to the designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transferring or delivering them;

Nevertheless, around October 1, 2019, the Defendant possessed 1,141 mobile phone cases with a trademark similar to the registered trademark “H” (registration number I), “K (registration number L), and MN marks registered with the Korean Intellectual Property Office (registration numberO) in order to deliver mobile phone cases sold by the Defendant in the Internet site E, etc. to the purchasers of the mobile phone cases.

As a result, the Defendant possessed to transfer or deliver goods identical or similar to the designated goods on which another person’s registered trademark or other similar trademark is marked, thereby infringing trademark rights or exclusive license.