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(영문) 대구지방법원 2014.09.04 2014고단3619

상표법위반

Text

Defendant

A Imprisonment for 10 months, Defendant B's imprisonment for one year, and Defendant C's fine for 10,000,000 won.

Reasons

Punishment of the crime

1. From around July 4, 2011 to July 4, 2014, Defendant A operated a stock company in Daegu-gu H. Defendant: (a) attached a trademark “Guide” (No. 0648019) with the same or similar trademark “Guide” (No. 0648019); (b) attached 1,18 points with the trademark attached; (c) attached a trademark identical or similar to “coul sport (No. 0857295); and (d) attached 176 points (No. 4,7520,00,000 won at the market price of the goods); (d) attached a trademark with the same or similar trademark attached to many and unspecified persons (no. 206,606,000 won at the time of the trademark registration); and (e) attached the same or similar trademark with the trademark attached to a large number of unspecified persons (no. 20426,606,000 won at the time of the trademark registration).

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

2. Defendant C Co., Ltd. was a corporation that sells miscellaneous goods, such as bags and land bags located in Daegu-gu H, and A, as the representative director of the Defendant, committed an infringement of trademark rights on the Defendant’s business as prescribed in paragraph (1).

3. From December 2012 to July 4, 2014, Defendant B operated the “J” in the underground space of the building located in Daegu-gu building I, and Defendant B manufactured a temporary finished product with the same or similar trademark as “former-style trademark registration number (No. 0648019) registered by the “former-style trademark registration number” (No. 0648019), and kept 63 points of the temporary finished product with the same or similar trademark attached, while manufacturing 300 points of half-finished goods. In addition, Defendant B possessed tools to manufacture forged goods, such as 1 roll “B”, 126 points of the trademark parts, and 30 points of the trademark parts of “Meat City”, and during the above period, he/she took possession of tools to manufacture the goods attached with the trademark.