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(영문) 인천지방법원 부천지원 2017.11.09 2017고정712

부정경쟁방지및영업비밀보호에관한법률위반

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Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant A is the representative director of Defendant B, and Defendant B is a corporation established mainly for the manufacture of household goods, wholesale and retail business, and medical device wholesale and retail business.

The victim D registered the trademark "I" with H as the actual operator of E who produces the machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery, etc. for home use as the trademark right holder, and the victim D produced and sold the machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinery machinerys

(a) No person shall use another person's name, trade name, trademark, or container or package of goods, or any other mark identical or similar to another person's goods, which is widely known in the Republic of Korea, or sell, distribute, import, or export goods using such a mark to cause confusion with another person's goods;

Nevertheless, the Defendant, at around September 2016, used the business mark called “Iho-si J building,” and at the office B office, K, L, and M, etc., to advertise and advertise goods on the Internet site, such as a pen for manufacturing, producing, and selling the Defendant, which was widely known in the Republic of Korea by using the business mark called “Iho-si pen” in the name of “I” produced and sold by the victim and sold.

B. Defendant B, a representative director, committed the same offense as that of the Defendant’s business, thereby causing confusion as to the business entity.

2. Determination

A. Article 2 subparag. 1 (a) of the Act on the Prevention of Unfair Competition and the Protection of Trade Secrets uses any product identical or similar to another person’s name, trade name, trademark, container or package widely known in Korea, or other mark indicating another person’s goods, or sells, distributes, imports, or exports any product using such product.