상표법위반등
The judgment of the court below is reversed.
Defendant
A Imprisonment for six months, for two years, for two years, and for ten months, for Defendant C.
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which found the Defendants guilty of each of the facts charged in this case, although the Defendants did not violate the relevant statutes, thereby adversely affecting the conclusion of the judgment.
1) Regarding violation of the Copyright Act, ① The instant “L” character (hereinafter “L”) is called the instant character.
A) Since the shape pattern of a shape can not be protected by copyright in Japan, its home country, it is not subject to copyright protection in Korea. <2> The shape of the character in this case (hereinafter “the shape of the character in this case”) is the shape of the shape in this case (hereinafter “the shape in this case”).
(1) Article 12 of the Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 1010, Jan. 2, 2011; Act No. 2014, Jan. 2, 2011; Act No. 2014, Jan. 2, 2011; Act No. 2014, Jan. 2, 2011; Act No. 2014, Feb. 201; Act No. 2014, Feb. 2, 2011; Act No. 2013, Jan. 2, 2011; Act No. 2013, Jan. 2, 2011; Act No. 2020, Feb. 3, 2011>
3) In relation to the violation of the Trademark Act (hereinafter “instant registered trademark”), as shown in attached Form 1, which is registered by N. (hereinafter “instant registered trademark”).
Even if the defendants imported and sold the shape of momos in the same shape as the figure portion, they correspond to the use as a design, not the use as a trademark, and ② since October 4, 2012, Defendant B imported and sold the shape of mos with the trademark "AG" with the trademark "AG", and the trademark rights of the instant registered trademark were not infringed. ③ The instant registered trademark and the Defendants were used.