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(영문) 인천지방법원 2014.01.27 2013고단8011
상표법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or possess a trademark similar to the registered trademark of another person for the purpose of transferring or delivering goods identical with or similar to the designated goods on which the trademark of another person is indicated, or goods identical with or similar to the designated goods;

Nevertheless, from the end of July 2012 to the end of November 26, 2013, the Defendant: (a) purchased leather from the original sales shop in Seoul, B, etc., which cannot be identified; (b) composed of the size of each product at the factory operated by E located in D underground floors in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; and (c) purchased from the presses machinery and the Defendant from the Hart underground warehouse in Seongbuk-gu Seoul, Seongbuk-gu, through the presses; and (d) purchased from the presses; (c) the trademark right holder U.S., the designated goods; and (d) the trademark owner U.S. manufactured the representative or a manager, etc. using gold-type in the shape similar to the trademark registration number 70352, using the trademark registration number 70352.

The Defendant sold a name, social representative, and family member, etc. manufactured as above to the street in the Seoul Dongdaemun-gu market, etc., or kept the wallets, etc. of 6,046 points in total (4.3 billion won in total) using the trademark of the trademark rights holders, such as the trademark indicated in the attached list of crimes (1) for the purpose of selling them to the above underground warehouse or storage located in a pair of Dobong-gu Seoul Metropolitan Government.

Accordingly, the defendant infringed trademark rights of trademark right holders.

2. The act of using a trademark identical with the registered trademark of another person on goods similar to the designated goods, or using a trademark similar to the registered trademark of another person on goods identical with or similar to the designated goods, or the registered trademark.

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