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(영문) 서울남부지방법원 2017.05.25 2017고정258

상표법위반등

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

1. No one shall sell or possess a trademark identical with or similar to another person's registered trademark for the purpose of using it for the goods identical with or similar to the designated goods, and shall cause confusion with another person's business facilities or activities by using a trademark identical with or similar to the name, trade name, or emblem of another person widely known in the Republic of Korea or any other mark indicating another person's business;

The victim Lone Star Co., Ltd. is a corporation that is a corporation that sells “C” products within the Republic of Korea, and the defendant is a director in the company A of the corporation, who is a director in the company of the corporation.

Although the Defendant did not have obtained the Victim Company’s permission or delegated by China with the authority to exclusively use and sell “C” products, “C” trademarks, from around December 2015 to May 2016, the Defendant published “G”, “H”, and “I” in the office located in Gangseo-gu Seoul Metropolitan Government, and sold two scooterss (K and L) with one person described as “C” to the J around December 2015.

Accordingly, the Defendant infringed the victim’s exclusive right to use the “C” product, and caused confusion with the Chinese company’s business facilities or activities by using those identical or similar to the “C” trademark widely known in Korea.

2. Defendant A Co., Ltd. committed the above violation of the Trademark Act and the Unfair Competition Prevention and Trade Secret Protection Act by Defendant A, a director of the Defendant’s internal company, as seen above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against M;

1. C With respect to domestic marketing agreement, C trademark registration ledger, C product purchasing customers.

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