logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.06.29 2016고정26
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 14, 2014, the Defendant used “E (Registration Number F)” as a trademark registered by the victim, affiliated with “E, an incorporated association D” as a representative of the victim C, and at the port of port, the Defendant terminated the franchise agreement with the victim on March 31, 2015 while operating H.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, the defendant used the same trademark as the registered trademark of the victim for goods similar to the designated goods at least four times in total as follows.

1. From April 6, 2015 to June 29, 2015, the Defendant did not delete the same trademark as “E” on the Internet camera page, the name of “H” opened on the Internet next website, or did not delete the function of automatic insertion of the trademark image identical to “E” automatically attached at the time of application for membership of the above camera, thereby deeming “H” still as a corporate franchisee, and used the trademark identical to the trademark registered by the victimized person on goods similar to the designated goods.

2. The Defendant, from April 6, 2015 to August 8, 2015, failed to delete the trademark similar to the “E” on the Internet camera page in the name of “I” opened on the Internet net page, thereby deeming the Defendant’s “H” as if it was a branch office of D, an incorporated association with the victimized person’s representative, and used the trademark identical to the registered trademark on goods similar to the designated goods.

3. The Defendant from around April 6, 2015 to the same year.

6. On the initial screen of the Defendant’s Kakao Scaro “H”, a photograph of persons with the same trademark as the trademark “E” written in around 25.

arrow