beta
(영문) 서울서부지방법원 2019.05.21 2018고정1058

상표법위반

Text

The defendant shall be innocent.

Reasons

1. He/she shall not deliver, sell, forge, imitate, or possess a trademark identical with or similar to the registered trademark of another person in the facts charged, for the purpose of using or making another person use such trademark on goods identical with or similar to

Nevertheless, the Defendant infringed the victim’s trademark right by using the trademark similar to “E” (registration number F) and “G” (registration number H) registered with the Korean Intellectual Property Office on November 2017, 2017, in the Internet integrated portal B I and CJ opened and operated by himself/herself, from the beginning of April 2018 to May 25, 2018.

2. In order to establish an infringement of trademark rights, the same and similar nature should be recognized in both aspects, "marks" and "objects" of the trademark rights. D itself is recognized as having used trademarks similar to "E" and "G" registered around November 2017. However, the designated service business of "E" and "G" registered is deemed to have been used by the Defendant. However, the designated service business of "E" and "G" are as part of the Act on Sale of Goods, such as 20 kinds of retail business, such as 35 kinds of goods sold to many and unspecified consumers, such as the above retail business, the designated service business of "E" and "E", and the designated service business of "E" and "G", but the designated service business of "E" and "G" are as part of the Act on Sale of Goods, such as 20 kinds of goods sold by the Defendant to the general consumers, such as the above retail business, and the above retail business of goods sold to the general consumers as part of the Act on Sale of Goods.