상표법위반
The defendant shall be innocent.
No person prosecuted shall use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods, and shall deliver, sell, forge, imitate, or possess such trademark for the purpose of using it or allowing another person to use it.
From December 2, 2012 to February 28, 2015, the Defendant infringed on the trademark right of the above registered trademark by selling and storing wheelchairs using the same trademark as “I” registered with the G Intellectual Property Office as “H,” from “E Co., Ltd.,” which is an automobile parts business entity located in Nam-gu, Daegu-gu, Seoul, and the Defendant’s vehicle parts located in the G Intellectual Property Office through the customer and company website.
Judgment
According to the records of this case, the Intellectual Property Tribunal rendered a trial decision that the registration of F’s trademark right as stated in the facts charged should be invalidated on September 7, 2017, and on October 12, 2017, it can be recognized that the said trial decision became final and conclusive, and thus, the F’s registration of trademark right was retroactively invalidated.
I would like to say.
Therefore, since the facts charged in this case premised on the validity of the F’s trademark registration is not a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.