beta
(영문) 수원지방법원 2017.11.08 2017고단5169

상표법위반등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

The defendant is a person engaged in the wholesale and retail business of automobile parts under the trade name of Geumcheon-gu Seoul Metropolitan Government D building and 3-307 "E".

1. No person who violates the Trademark Act and the Unfair Competition Prevention and Trade Secret Protection Act shall infringe on another person's trademark right, or commit an act which causes confusion with another person's goods by using things identical or similar to another person's trademark widely known in the Republic of Korea, or by selling goods using

Nevertheless, on April 2016, the Defendant was offered to purchase KRW 1,600 from G to March 16, 2016, the Defendant purchased KRW 1,500 as a trademark in its original form, which is identical or similar to the registered trademark (trademark registration No. 40-028349-000) of Hyundai Automobile Corporation, which is widely known in the Republic of Korea from G, the vice president of the Fund for the settlement of the purchase of motor vehicle parts, such as a motor vehicle fuel pen, and the Defendant purchased KRW 1,60 from G to 1,500 per unit, and the Defendant purchased KRW 10,000 from 0 to 10,000,000 in its original form, which is identical or similar to the registered trademark of Hyundai Automobile Corporation (trademark No. 40-028349-00) which is the vice president of the Fund for the settlement of disputes. < Amended by Presidential Decree No. 23780, Oct. 16, 2017>

Accordingly, the defendant committed an unfair competition act that infringes trademark rights and causes confusion with the goods of the victim in collusion with G.

2. On October 13, 2016, the Defendant sent the Kakao Stockholm message to L, who is an exporter of automobile parts, with the victim K in charge of the purchase of the LAF in the LAF, stating that “this 50,00 can be available, and 1900 supply will be available,” along with the Kakao Stockholm photograph attached to the LAF in charge of the purchase of the LAF, which is a vehicle parts exporter, and supplied the LAF with the Kao Stockholm message as if it were to supply it.

However, it is true that the Defendant is a trademark of modern automobiles from G, such as paragraph 1.

참조조문