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The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is publicly announced.
Reasons
1. Summary of the facts charged
1. Defendant A is the representative director of Defendant Company B, who is a manufacturing company of cosmetic (cosmetic).
“E and F” completed the registration of a trademark in the Republic of Korea on the H date after filing an application for the registration of “G” trademark in the State of California, as indicated in the attached Form, in the State of California, [the trademark registration number I (the designated goods No. 11 type Hdra, Hdra, and J (designated goods No. 26 type electronic HHing, etc.)]. Around September 11, 2014, the Defendant ordered that “G” trademark be produced from the person who is Mexico, a Mexico, with a trademark attached to “G”, from the person who is a Mexico, the trademark attached to “G” was manufactured in the Dong-gu, Gyeonggi-gu, U.S., and the orders of “G” trademark and packaging” were manufactured in M, which is located in the Dong-gu, U.S., and the Defendant’s “G” trademark was packaged by packaging “G” after the production of the product, thereby infringing upon the trademark right by totaling KRW 174,489,30,0, Oct. 31, 2015.
2. Defendant B Co., Ltd. infringed trademark rights as referred to in the preceding paragraph in relation to Defendant A’s business as its representative.
2. That the act of infringing the trademark right of another person's registration was completed before the trial decision invalidating the registration becomes final and conclusive.
Even if a trial decision invalidating the registration of a trademark becomes final and conclusive, the trademark right has never existed from the beginning, so such act cannot be deemed an infringement of the trademark right (see Supreme Court Decision 93Do839, May 16, 1996). According to the evidence duly adopted and investigated by this court, the Korean Intellectual Property Tribunal rendered a trial decision that the trademark registration should be invalidated on April 24, 2017, and the above trial decision became final and conclusive, and the Korean Intellectual Property Tribunal rendered a trial decision that the trademark registration should be invalidated on February 27, 2018 with respect to the above I trademark, and recognized the fact that the above trial decision became final and conclusive.
If so, each of the above.