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(영문) 서울중앙지방법원 2018.02.22 2017고단8966
상표법위반
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 the representative director of corporation B, and Defendant B is a corporation with the purpose of trade wholesale business.

No one shall use a trademark identical with another person's registered trademark for goods similar to the designated goods, or any trademark similar to another person's registered trademark on goods identical with or similar to the designated goods, and shall possess no trademark identical with or similar to the designated goods bearing another person's registered trademark or any other trademark for the purpose of transferring or delivering such trademark

1. Defendant A, without the right to use a trademark, was aware that the Montreal Co., Ltd., a exclusive trademark right holder in Korea, registered with the Korean Intellectual Property Office as a trademark registration number No. 0091455, and “BEAUTRES”, a trademark registered as a trademark registration number No. 014236, should not be imported, Defendant A, without the right to use the trademark, imported and sold 10,000,000 won from the U.S. on January 11, 2017 through the Incheon Customs Office, in total, KRW 5,427,453, where the said “SIMNS” trademark is attached.

From around that time to April 17, 2017, the Defendant imported total of 316,00,090,271 won in total (294,547,046 won in total) of the import declaration price as shown in the attached list of crimes (1) from around that time to April 17, 2017, and sold 30,272,730 won in total (32,803,758 won in total) in the name of each domestic customer, and sold them to the Korean Intellectual Property Office registered with the Korean Intellectual Property Office, for the same period of time by the Defendant infringed the trademark right to the trademark right to the above "SMONS" and the "EBARES" in the attached list of crimes (2).

2. Defendant B’s representative director, Defendant B’s Defendant B’s act of infringing trademark rights as above in relation to the Defendant’s business.

(i) the evidence;

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