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(영문) 수원지방법원 안산지원 2016.03.16 2014고정1151
상표법위반등
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is a person who operates G, a company specializing in consumer products, such as protogram and anti-con, and the victim H is a company specializing in Bodol and Bodol, established in 1974, and “H” is a trademark recognized domestically by recording 33% of the share in the domestic Bodol market, which is a patent of Bodol’s disease manufactured and sold by the victim company.

A. From January 2014 to May 2014, the Defendant violated the Trademark Act: (a) sold Bodok’s disease equivalent to KRW 66 million at the market price on which the trademark right-holder corporation, which was the victim of the Defendant’s company G operated by the Defendant, and H, registered with the Korean Intellectual Property Office as a trademark (trademark registration number: J).

Accordingly, the defendant infringed the trademark right of the victim.

B. The Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act: (a) on the date and time, at the place, Paragraph (1) and at the above place, sold Bodok’s disease worth KRW 66 million in the market price bearing the mark “H” and “K” mark, which is similar to the mark “H”, which is a Bodok trademark widely known in the Republic of Korea of the victim company.

2. Determination

A. According to the record of recognition, a mark is recognized as a vertical mark in the middle of the Bodoc’s disease itself produced by the Defendant Company G (hereinafter “G”), and the mark, such as L (or M, N,O), etc. on the upper part of the Bodoc’s packaging; the middle part of the Bodoc’s photo is marked on the lower part; while the mark is indicated on the lower part of the Bodoc’s disease itself produced by the Defendant Company H (hereinafter “H”); the mark is indicated on the upper part of the Bodoc’s packing; and the middle part of the Bodoc’s photo.

B. The prosecutor, in violation of the Trademark Act, marks “(State)G” on the lower part of the Defendant’s Bodok’s packing, and marks “K.” (hereinafter collectively referred to as the “instant marks”) on the middle part of Bodok’s disease itself. H of this case.

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