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(영문) 서울동부지방법원 2015.10.08 2015고단2326
상표법위반
Text

Defendant

A Imprisonment for one year, Defendant B’s imprisonment for 10 months, Defendant C’s fine of 4 million won, and Defendant D.

Reasons

Punishment of the crime

【Defendant A, on January 24, 2013, sentenced the Busan District Court to eight months of imprisonment for a violation of the Trademark Act, and completed the execution of the sentence on April 25, 2013.

【Criminal Facts】

1. Defendant A and Defendants B conspired to sell each of their respective metal decorations forged trademarks to household manufacturers. Defendant B, around the end of July 2015, 4 of each of the forged trademarks attached to Defendant A with each of the metal decorations around the end of July, 2015, and Defendant A requested the manufacturer of metal plant around early August 2015 to manufacture metal decorations using each of the trademarks’ respective metal decorations affixed to Defendant A, and Defendant A, around early August 2015, requested the manufacturer of metal decorations to manufacture metal decorations used for the above dried bags, etc., and around that time, Defendant C’s trademark right holder “Fra E. A.” and written in the list of crimes attached to the indictment, appears to be a clerical error.

(hereinafter the same shall apply)

In the case where a trademark in the same shape as that of the PDRA (No. 954231), which is the registered trademark of the company, is identical to that of the trademark "PDRA" (No. 954231), each of which is 1,320 points of metal plant 1,320 points, etc., the attached list of crimes (1) attached to the indictment appears to be written in writing.

(hereinafter the same shall apply)

As indicated in the above, each owner of the trademark right infringed the trademark right by being supplied with a total of 1,938 points of each sealed metal decoration, and by possessing it at Defendant A’s house located in Namyang-si F, 303 1803 dong 1803 around August 6, 2015.

2. From January 2015 to May 2015, Defendant A infringed on the trademark right holder’s trademark right by selling a forged trademark of the same shape as the trademark owner’s trademark registration (No. 0118012) at the Defendant’s house located in Namyang City F and 303 1803 dong 1803, while carrying 48,70 points for metal decorations in the same shape as the trademark owner’s trademark registration (No. 018012).

3. The Defendant C is a trademark right holder at the Defendant’s factory in Dongdaemun-gu Seoul Dongdaemun-gu, Seoul around August 2015.

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