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(영문) 서울중앙지방법원 2017.08.09 2017고정1591
상표법위반등
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person operating “B” in Jung-gu Seoul Metropolitan Government, and Defendant B is a juristic person established for the purpose of manufacturing freezing and refrigerating, etc., and the victim’s “friendly enterprise” is a juristic person established for the purpose of freezing and refrigerating and manufacturing and selling.

1. Violation of the Unfair Competition Prevention and Trade Secret Protection Act;

(a) No person shall use another person’s name, trade name, trademark, or container or package of goods, or any other mark identical or similar to a mark indicating another person’s goods, which is widely known in the Republic of Korea, or sell, distribute, import, or export goods using such a mark to cause confusion with another person’s goods;

Nevertheless, from October 2013 to July 4, 2014, the Defendant: (a) recognized the recognition of the recognition of the recognition of the recognition of the recognition of the recognition of the recognition of the recognition of the victim’s “competing enterprise” (hereinafter “competing enterprise”) at the head office of the company located in Jung-gu Seoul, Seoul; and (b) sold the mark “D” and “E” on the packaging boxes, etc. of goods for which the Defendant sells, thereby causing confusion with the products of the victim.

B. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the date and time, and at the place specified in the above paragraph A, the representative of the Defendant.

2. Violation of the Trademark Act;

(a) No person shall use a trademark identical to another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods;

Nevertheless, from October 2013 to July 4, 2014, the Defendant, at the head office of the instant company located in Jung-gu Seoul, Jung-gu as designated goods, designated goods by the victim-friendly enterprises as air conditioners, small air conditioners, etc., and registered with the Korean Intellectual Property Office as trademark No. 0989336.

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