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(영문) 서울중앙지방법원 2020.02.06 2019고단7955

상표법위반

Text

Defendant

A A A Fine of 40,000,000 won, Defendant B of 8,000,000 won by fine, Defendant C of 5,000,000 won by fine.

Reasons

Criminal facts

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.

The Defendants agreed to sell forged trademarks using overseas famous trademarks to many unspecified consumers through Kakaoo Amox, etc. at warehouses and offices located in the second floor of the Seoul Jung-gu X building X-gu, Seoul. The Defendants conspired to perform their roles such as procurement and public relations of visibility, Defendant B, C, and D, packing, photographing, and delivery.

1. From July 2017 (from July 11, 2017, Defendant A, Defendant B, from March 2018 to December 2017, Defendant C, Defendant D, from the above office, to December 12, 2018, infringed each trademark right holder’s trademark right by selling 3,192 visibilitys with the trademark attached by each trademark holder’s trademark right, which is identical to W’s trademark (A), a Z that is a trademark registered with the Korean Intellectual Property Office (A), at the above office, from October 12, 2018, and from December 12, 2018.

The number of 1W AB 193 M AB 193 2 M AB AB 874 3 ND AE 44 P AF AF 170 5 EH AI 996 F AJ 110 7 AP AP AP AP AP AP AP 9 189 8 AP AP AP AP AP 9 9 R 389 10 G AT AT AU 1510 11 S AV 1511 S AV 612 Q AP AP A 133 TY 13 AY 46 BB BB 146 BB 16 BB 16 BB 16 BB 16 BB 17 17 BBG 2917 BB 17 BB 2017 BB 192 B B09, B299, B09

2. On December 12, 2018, Defendants holding counterfeit goods infringed upon each trademark right holder’s trademark right by carrying 342 items, such as visibility with each trademark right holder’s visibility, as indicated in the table 2, as indicated below, in which the trademark identical to AH’s “E” trademark (registration number AI) registered with the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”).

Now 2 Now 1 E AH U. 42 FJ AJ C 3 G AT AT 24 H BE 35 IH.