logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.04.01 2015고단81
상표법위반
Text

A defendant shall be punished by imprisonment for six 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

No one shall use a trademark identical with the registered trademark of another person on goods similar to the designated goods or use a trademark similar to the registered trademark of another person on goods identical with or similar to the designated goods

Nevertheless, on July 20, 2014, the Defendant purchased from the “C” company located in Malaysia through the Busan Port through the Busan Port, and attempted to import the NAK (registration number: No. 0094493) with a forged trademark of 8,429, which is a trademark registered with the Korean Intellectual Property Office, from the NAK (No. 09493), as a trademark registered with the Korean Intellectual Property Office, the Defendant was exposed to the opening test of customs employees.

Titts with the above age-line trademark purchased at a low price, knowing that the Defendant visited the “C” office located in Malaysia on June 2014, and illegally produced and distributed the said company without the consent of the age-line merchandise coupon holder, in addition to the fixed quantity of goods. The most of the imported goods were imported in a state where TG is not attached.

The Defendant infringed the trademark right of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of suspected goods in violation of the Trademark Act;

1. Designation list of imported cargo subject to management, information on customs clearance, shipping documents (B/L, invoice, packing note), appraisal certificate;

1. Spipring Mark photographs and spring photographs;

1. The original trademark register;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 93 of the relevant Act concerning facts constituting an offense and Article 93 of the elective Trademark Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In a case where: (a) grounds for sentencing under Article 97-2(1) of the Trademark Act [the scope of recommending punishment] the act of infringing on registration rights; (b) the mitigated area (one month to one year); (c) the infringed goods (special mitigation) are not distributed; (d) the trademark is forged.

arrow