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(영문) 인천지방법원 2016.12.22 2016고단7413

상표법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for one year and six months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B is a person who is engaged in the logistics business under the trade name of "F" in the Yaeung-si, China, and the defendant A is a person who purchases counterfeit visibility, etc. from B while working as a G values and staff in the Dong-gu, Daejeon and sells it to many unspecified persons through domestic Internet shopping mall.

1. Defendant B

A. On December 15, 2015, the Defendant infringed on the victim’s trademark right by delivering 19 clocks (amounting to KRW 285,00,000,000) produced by attaching a trademark similar to the “ROEX” trademark registered with the Korean Intellectual Property Office under Article 0012364 to the Korean Intellectual Property Office as designated goods by Switzerland, the victim of Switzerland, at the Chinese light reservoir, as the designated goods.

B. On December 30, 2015, the Defendant: (a) on December 30, 2015, the Defendant: (b) Switzerland, the victim Rosex Co., Ltd, as designated goods, attached a trademark similar to the “ROEX” trademark registered under Article 0012364 to the Korean Intellectual Property Office; (c) 20 visuals produced by the victim IWC as designated goods by attaching the trademark similar to the “IWC” trademark registered under Article 052288 to the Korean Intellectual Property Office; and (d) 45 visuals produced by the victim chis Co., Ltd with the trademark similar to the “GUCCI” trademark registered under Article 0068888; and (d) 18 visuals produced by the victim chis to the Korean Intellectual Property Office as the designated goods; and (e) infringed on the Plaintiff’s trademark right by means of the Incheon’s fabrication of the forgery of the goods price of Incheon.

C. On January 7, 2016, the Defendant: (a) attached a trademark similar to the “TREX” trademark registered under Article 0012364 to the Korean Intellectual Property Office by Switzerland, the injured Switzerland, as designated goods, at the Chinese Mazman, Switzerland, along with 80 visibilitys produced by attaching the similar trademark to the Korean Intellectual Property Office; and (b) attached a trademark similar to the “TAHEUE” trademark registered under Article 0146258 to the Korean Intellectual Property Office.