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(영문) 서울남부지방법원 2017.07.20 2017고정1044

상표법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, around April 13, 2017, the Defendant infringed on the trademark rights of the said trademark right by holding, in possession, the two points on the Rodas “Adidas” trademark registered with the Korean Intellectual Property Office (No. 0123811 of the trademark registration number) or seven points on the Tradas cover, the additional period of time of the trademark holder as the trademark holder, which is identical or similar to the “DESEEE” trademark registered with the Korean Intellectual Property Office (No. 0840123 of the trademark registration number), and seven points on the Rodas’s cover, which is attached with a forged trademark identical or similar to the “DESEEE” trademark registered with the Korean Intellectual Property Office (No. 0840123 of the trademark registration number).

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, the original register of trademarks (on-site photographs and IDs);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 230 of the Trademark Act and selection of fines concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 236(1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;