beta
(영문) 의정부지방법원 2017.04.20 2016고단3223

상표법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the victim D registered the right to use G exclusively for the trademark "F" applied for trademark "F" and obtained the right to use the trademark "H". On April 2014, the victim D requested the textile strawing company to manufacture the panty, etc. with the trademark "F" on the basis of the right to use the trademark exclusively for the trademark, but did not pay the manufacturing cost. The above clothes were kept by the textile strawing company.

On August 2014, the Defendant paid an amount equivalent to the production cost to the above stude company for the purpose of sale and purchased the above panty and others.

On October 2014, the Defendant produced 11,580 panty panty 11,580 pages indicating the above trademark by having L, who is a material company for the clothing, manufacturing a label and packing box bearing a trademark of “F”, and manufacturing 11,580 panty 11,580 panty to L, which is a textile wing company, in which part of the above clothing falls short of quantity among the clothing at the I place of business in East-gu, Yancheon-si, East-gu, 2014.

Accordingly, the defendant used the trademark by displaying the trademark on goods and packages of goods, thereby infringing the victim D's exclusive right to use the trademark.

2. At the time of the production of goods, the Defendant was unaware of the fact that the victim D had a right to exclusive use the trademark to H with respect to the trademark "F", and became aware of the fact that he/she had a right to exclusive use the trademark on December 2014.

Since all days at the time were identified by O, D was not required to know the fact that D was an exclusive user.

O makes a P as the actual trademark holder of F in the course of managing a set of work, and makes an additional production as it does not fit the F's color and ballast of the product taken over.