상표법위반등
The accused shall disclose the summary of the judgment of innocence.
1. The Defendant in the facts charged is practically operating C Co., Ltd. (hereinafter referred to as C) and D(C) is the owner of the trademark right and the owner of the property right of the 'E' character, and the victim F(hereinafter referred to as the complainant) is the representative of the 'G taking over the domestic sales right of the 'E' character trademark right and the property right from D.
1. No person violating the Trademark Act may possess goods identical with or similar to the designated goods on which another person’s registered trademark or any other similar trademark is used for the purpose of transferring or delivering them. However, from August 13, 2015 to September 21, 2015, the Defendant infringed the right of the complainant who has established the exclusive license for the trademark by using the trademark without an agreement on the use of the attached Form (1) “E” registered as an international registration number I with the Korean Intellectual Property Office on October 7, 2014, without an agreement on the use of the trademark.
(hereinafter “instant trademark”). 2. During the same period, the Defendant violated the Copyright Act’s author’s property right by the complainants who permitted the use of the character from the copyright holder of the character by producing, distributing and distributing 10,826 characters, such as clothes, labels, etc. using the 10,826 characters, without agreement on the use of the “E” character as shown in the attached Table (2) at the Office C in the foregoing paragraph.
(2) The facts charged in the instant case are premised on the violation of the Trademark Act under Article 93 of the Trademark Act and the violation of the Copyright Act under Article 136(1)1 of the Copyright Act.
The defendant and defense counsel obtained permission for the use of trademark from the complainant, who is the exclusive licensee in relation to the trademark of this case, and accordingly, have the right to use the trademark of this case premised on the trademark of this case.