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(영문) 서울동부지방법원 2015.02.04 2014고단3819
상표법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the business of selling mountain clothes with a forged trademark attached in the Internet shopping mall.

No one shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark similar to the registered trademark of another person for goods identical with or similar to the designated goods and possess goods identical with or similar to the designated goods on which the registered trademark of another person is indicated

Nevertheless, the Defendant, in collusion with C on September 2014, opened an Internet shopping mall on the early 2014, intended to sell to many and unspecified persons, as if they were genuine products, as they were purchased from the same capital store.

1. The Defendant, along with C, operated the Internet shopping mall office in Do Government-si from Sep. 2014 to Nov. 23, 2014. From Sept. 19, 2014 to Nov. 23, 2014, the Defendant sold various clothing attached 28 trademarks, such as “BLACK YAK,” a registered trademark of “stock company”, a trademark right holder, in E from Sept. 19, 2014 to Nov. 23, 2014, and advertised the said goods as authentic.

During the above period, the Defendant and C sold the 4,294 punishment, attached with a forged trademark equivalent to KRW 216,845,90,00 in total over 4,130 times via E, as shown in Attached Table 1.

Accordingly, the defendant committed each infringement of trademark right in collusion with C.

2. On November 24, 2014, around 11:00 on November 24, 2014, the Defendant, along with C, entered 10 points (690,00 won at the selling price) in the attached list 2 of the daily list of crimes, where a forged trademark in the same shape as “BLCK YAK,” which is a registered trademark of “BLAK,” which is a registered trademark of “BLAK,” a trademark holder, for sale at the Government-si F and second floors.

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