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(영문) 부산지방법원 2014.02.07 2013고정5580

상표법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells the business of selling mountain clothes in the name of "B".

No person may use the registered trademark of another person on goods similar to the designated goods without the consent of the person holding the registration thereof nor sell or keep it for sale.

Nevertheless, at around 14:00 on July 25, 2013, the Defendant continued to sell the forged trademark of the “Nemp”, which is a trademark registered with the Korean Intellectual Property Office at the Luxembourg SA, 6 points registered with the Korean Intellectual Property Office, 119 points, 3 points, 32 points, and 10 points registered with the Korean Intellectual Property Office at the Korean Intellectual Property Office, and 30 points registered with the Korean Intellectual Property Office for the purpose of selling the forged trademark of “Nmp”, which is a trademark registered with the Korean Intellectual Property Office at the Korean Intellectual Property Office, 8 points attached with the forged trademark of “Nmp”, 12 points, 12 points, 11 points and 30 points, 30 points and 10 points registered with the Korean Intellectual Property Office, and 30 points registered with the Korean Intellectual Property Office at the Korean Intellectual Property Office.

Therefore, the above defendant infringed on the trademark rights of the above "B" company of "B", "SB Track" company, "Pan Franchi Industrial Co., Ltd.", "Copim sports" company, and "Spanish" company.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure;

1. Photographs of each seized article;

1. Application of the statutes of the trademark collection and the original trademark register;

1. Violation of Article 93 of the Trademark Act regarding criminal facts