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(영문) 대구지방법원 서부지원 2018.08.29 2017고단2984

상표법위반

Text

Defendant

A Imprisonment of eight months, Defendant B shall be punished by a fine of three million won, and Defendant C shall be punished by imprisonment of six months.

Defendant .

Reasons

Punishment of the crime

Defendant

A is a person operating a business entity of “F” in Namyang-si, Namyang-si, and Defendant C is a person who operates a business entity of “G” and supplies a motor vehicle number plate to the above F, etc. and distributes it during the market. Defendant B is a person who serves as a business entity of J in the I branch office of the registration office of Daegu vehicle located in Daegu H and purchases the motor vehicle number plate from the above C, etc.

1. Defendant A

(a) No trademark right shall be infringed on by engaging in any act of delivering, selling, forging, reproducing, or possessing a trademark identical or similar to a trademark registered by another person with a vehicle number plate forged or sold, for the purpose of using or causing another person to use such trademark on goods identical or similar to the designated goods;

Nevertheless, from January 2014 to September 2016, the Defendant: (a) made two-use vehicles registered with the Korean Intellectual Property Office (No. 062270, Jun. 21, 2005) as designated goods at the aforementioned “F” factory, as shown in attached Table 1 list of crimes, and sold vehicles to B et al. for the purpose of selling the vehicle license plate protection unit, which is a vehicle part with the trademark attached, to C et al.

Accordingly, the defendant infringed the trademark right.

(b) No trademark right shall be infringed on by possessing, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods on which another person's trademark is registered, bearing a forged vehicle number plate, or any similar trademark is marked;

Nevertheless, at around 13:15 on October 17, 2016, the Defendant registered with the Korean Intellectual Property Office (No. 062270, Jun. 21, 2005) a pair of vehicles (No. 062270, Jun. 21, 2005) with a trademark registered with the Korean Intellectual Property Office as designated goods using vehicle supplies, etc. within the above “F” factory as designated goods. The Defendant’s vehicle number plate protection unit is forged in an amount equivalent to KRW 4,80,80 in total