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(영문) 서울동부지방법원 2017.01.10 2016고정1693
상표법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall use, manufacture, sell, or keep any trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods, and shall use the name, trade name, or emblem of another person widely known in the Republic of Korea or any other mark identical or similar to the name, trade name, or emblem indicating another person's business to cause confusion with another person's business facilities or activities.

1. From January 201 to August 9, 2016, the Defendant violated the Trademark Act: (a) installed signboards indicating “E” trademarks registered with the Korean Intellectual Property Office (hereinafter “E”) and “E” trademarks similar to those registered with the trademark by the victim D Co., Ltd.; and (b) stored, displayed, and sold to the beds produced by the Co., Ltd., Ltd. in order to sell the beds indicated as “Manufacture C”; (c) thereby infringing the trademark right of the victim.

2. The Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act was confused with the victim’s business facilities or activities by using the signboards indicated as “E” similar to the victim D’s “E”, which was widely known in Korea, at the time, at the place specified in paragraph 1.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning each of the police suspects against the accused, F, or G;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to each record a statement of complaint, full certificate of registered matters, history, advertisement photograph, ledger of registration of each trademark, ledger of registration of each service mark, each warning book, each written judgment, each written ruling, notice of reasons for non-prosecution, each written ruling, notice of reasons for non-prosecution, each written ruling, each written ruling, written opinion, each business registration certificate, product photograph, investigation report, each recording record, and each fact confirmation document;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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