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(영문) 부산지방법원 동부지원 2021.03.31 2020고단2511

상표법위반등

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a shopping mall in the Internet B, called “C” and “D”.

1. No person who violates the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical with or similar to another person's registered trademark for the purpose of using it for goods identical with or similar to the designated goods, and shall possess any trademark of another person for the purpose of transferring or delivering goods identical with or similar to the designated goods on which the trademark of another person is marked;

Nevertheless, in operating the said shopping mall, around June 18, 2019, the Defendant sold goods of the total number of KRW 1,229 (sale price 13,278,800) from the registered trademark (F) of the owner of the trademark right to “E” to KRW 9,900, and from the time until March 24, 2020, the Defendant sold goods of the same kind with the same and similar trademark from the total of KRW 1,229 (sale price 13,278,80), from the registered trademark (F) of the owner of the trademark right to “E” to the total of KRW 1,90,00,000 from the registered trademark of the owner of the trademark right to the total of KRW 1,229 (sale price 13,278,80), and from the time on August 27, 2019, the Defendant sold goods of the same trademark right to KRW 281,200 and KRW 278,200.2

2. No person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall commit any act of causing confusion with another person's goods by using 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 by selling, distributing, importing, or exporting goods bearing such a mark;

Nevertheless, there is a need to do so.

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