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(영문) 서울중앙지방법원 2013.08.08 2013고단3436
상표법위반
Text

Defendant

A In October, 100, Defendant B was punished by a fine of KRW 7 million, Defendant C, I, and K respectively, with a fine of KRW 1 million.

Reasons

Punishment of the crime

No one shall use a trademark identical with the registered trademark of another person on goods similar to the designated goods or use a trademark similar to the registered trademark of another person on goods identical with or similar to the designated goods

1. Defendant A is a person engaged in precious metal manufacturing business under the trade name of “M.”

On August 10, 2012, the Defendant installed equipment for the manufacture of precious metal musical yarns under the N of Seongbuk-gu Seoul, Seongbuk-gu, and distributed malicious advertising books with a forged trademark to precious metal wholesalers and retailers, and the Defendant, upon receiving an order from the relevant business operator who is requested to purchase, manufactured and supplied the precious metal musical yarn with a forged trademark, and then acquired profits therefrom.

On September 10, 2012, the Defendant manufactured a half of the trademark registered with the Korea Intellectual Property Office (Registration No. 0066629) by GUCCI (Registration No. 006629) registered with the Korea Intellectual Property Office at the time of the owner of the trademark right, and supplied it to B, C, etc., as shown in attached Table 1, a well-known trademark, as shown in attached Table 1, to April 18, 2013.

2. Defendant B is a person engaged in precious metal wholesale business under the trade name of “O”.

The Defendant, from September 10, 2012 to April 16, 2013, at the “O” store of the Defendant’s operation in Jongno-gu Seoul, Jongno-gu P, and at the time of the GoUCCI (registration number:06629) registered with the Korean Intellectual Property Office by the trademark right holder A, he/she received and sold a well-known trademark registered with the Korean Intellectual Property Office (registration number:06629) as shown in the attached list 2 of the crimes committed.

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