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(영문) 서울서부지방법원 2019.02.22 2017고정1088
상표법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From March 1, 2017 to March 1, 2017, the Defendant is a person engaged in restaurant business under the trade name of Mapo-gu Seoul Metropolitan Government building B and “C” on the first floor.

No person may use a service mark identical to another person's registered service mark for goods similar to the designated goods.

On November 27, 2008, the victim D applied for a service mark such as the attached picture for the service business such as the Japanese food restaurant business, and registered as a service mark (registration number F) with the Korean Intellectual Property Office on the E-Date.

Nevertheless, from March 1, 2017 to March 1, 2017, the Defendant was notified that the image used by the Defendant would no longer be used since it violated the victim’s service mark since the image used by the Defendant was an infringement of the victim’s service mark while the Defendant operated the same image as the above registered service mark in the restaurant glass. However, the Defendant violated the victim’s service mark by using the above service mark in the above place from March 24, 2017 to the present place.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed for DNA preparation;

1. Service mark registration certificate;

1. Scenic photographs of the site;

1. Business registration certificate;

1. A brief explanation of C (red) Acts and subordinate statutes;

1. Relevant provisions of the Trademark Act concerning facts constituting an offense. Article 230 (Selection of Fine)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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