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(영문) 인천지방법원 2014.11.27 2014고단6099
상표법위반
Text

Defendant

A and B Imprisonment for 10 months, and Defendant C shall be punished by a fine of 10,00,000 won, respectively.

, however, the defendant.

Reasons

Punishment of the crime

Defendant

A is the actual representative of Defendant G (Representative H) Co., Ltd. (Representative Director) who sells miscellaneous services, such as a bank, in Geumcheon-gu Seoul, F and B-26, and Defendant B is a person who operates the “J” that sells miscellaneous services, such as a bank, in Daegu-gu I.

No person may, without legitimate authority, use a trademark identical to 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;

1. On February 26, 2013, Defendant A loaded forged BM Babide (1,60 points, 183,721,136 points), forged AUDI wall (97 points, 115,930,362 points, 500 points, and 34,896,440 points, and 34,440 won) on a forged Babide (17 points, 17, 17,000, 183,721,136 won), and imported (reported number L) on a forged Babide (17 points, 18,000 won, and 18,00 won) from a sale shop where it is impossible to know the name of the date of sale with knowledge of the forged goods, Defendant A purchased each forged Babide from April 4, 2014, and kept each of the trademark rights holder's Handbane points, 2001, 800 won, Hand,140000

2. On March 31, 2013, Defendant B, knowing that the name of March 31, 2013 was forged goods, purchased handbags (231 points, 184,800,000 won) with knowledge that they were forged goods, and sold to Defendant A as described in paragraph 1. In so doing, Defendant B infringed on the trademark rights of the Beruriuri Sturis, the trademark right holder of the trademark right;

3. Defendant G Co., Ltd. committed an act in violation of Article 1(1) of the Act, which is the actual representative, in relation to the business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Declaration of importation, B/L, INVOICE, PACKING LT, Certificate of Origin, Certificate of Realization, Notice of Results of WMW Appraisal, Notice of Results of AUDI Appraisal, Notice of Results of HONDA Appraisal, and photograph of specific goods;

1. Records of seizure;

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