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(영문) 서울서부지방법원 2014.09.03 2014고정1083

상표법위반

Text

Defendant

A and B shall be punished by a fine of 2,000,000 won, and Defendant C shall be punished by a fine of 3,000,000 won.

Reasons

Punishment of the crime

Defendant

C is the actual operator of Defendant B and A, and Defendant B is the company that manufactures household products, such as rainy, taxation, and seizure, and Defendant A is the corporation established for the purpose of selling the above products.

1. No person who intends to deliver, sell, forge, imitate, or possess a trademark identical with or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods;

From October 15, 2012 to June 26, 2013, the Defendant entered the trademark indicated in the attached Table 2, which is similar to the above registered trademark, in the so-called “non-designated goods” in the same or similar designated goods, such as cosmetics, which are designated goods registered with the Korean Intellectual Property Office, in the victim Kim Jong-gu, the victim Kim Jong-ro, and sold the trademark at the office of the Co., Ltd. located in Eunpyeong-gu, Seoul, with the degree of KRW 500 per set of 50 per set and KRW 1,100 per set of tax rules, from the office of the Co., Ltd. located in Eunpyeong-gu, Seoul.

Accordingly, the Defendant used a trademark similar to the registered trademark on goods identical with or similar to the designated goods.

2. Defendant B and Defendants A committed each of the offenses against the Defendants’ duties at the time and place specified in the foregoing paragraph (1) by C, the actual operator of the Defendants, as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant C’s legal statement

1. A protocol concerning the police investigation of H concerning H;

1. Statement of the police statement to I;

1. A complaint;

1. The original trademark register;

1. Trial decisions by the Intellectual Property Tribunal;

1. Application of the statutes governing the current status of Internet sellers;

1. Article 93 (Selection of Fine) of the Trademark Act; Defendant A, Inc.; and Defendant C: Articles 97 and 93 of the Trademark Act;

1. Defendant C of detention in a workhouse: Articles 70(1) and 69(2)1. 1.