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(영문) 의정부지방법원 2017.11.23 2017고정1504

상표법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a Belgium G store under the name of "C" in Jongno-gu Seoul Metropolitan Government, and D is a staff member who makes the Belgium in the above store.

No one shall use any trademark identical with or similar to another person's registered trademark on goods similar to the designated goods, and shall use or possess any trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, the defendant and D decided to attach forged trademark upon receiving orders from many unspecified persons who sell counterfeit goods such as clothes, and the defendant provided the workplace, received orders, affixed the trademark on the forged goods, and collected profits by dividing D into 5:5.

Around August 26, 2016, the Defendant and D infringed on the trademark right holder’s trademark right by possessing 76 forged trademarks of the same or similar shape as “KNO ZO Y (Registration No. 0243959),” which are registered trademarks of the same or similar shape as “F (registration number G),” which are registered trademarks of “E” and “KNO YY”, for the purpose of using 76 forged trademarks of the same or similar shape as “KNO Y (registration number No. 0243959)” for clothing, which is designated goods. From May 1, 2014 to August 26, 2016, the Defendant and D used the trademark identical or similar to the registered trademarks of “E” on a total of 31,344 trademarks at request of the non-registered persons on a total of 359 occasions, and upon receipt of a request from the trademark right holder, the trademark right holder’s name was forged or similar to the above designated goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A protocol of seizure and a list of seizure;

1. A statement of opinions on appraisal of seized articles;

1. Application of the original register of trademark registration, work sets-out statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;