logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.05.20 2020고단685
상표법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who engages in a miscellaneous wholesale business, such as a bank, with the trade name “E” in Seoul Central and Medium-gu B market C and D.

No one shall, without the authority concerning the use of a trademark, use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods thereof, and shall import goods which would have been infringed upon in the Republic of Korea if they were created in the Republic of Korea at the time of importation.

1. Violation of the Trademark Act;

A. In the absence of legitimate right to use a trademark, the Defendant imported the 6CT (BL number G) of imported freight from China to China from the Incheon port on August 5, 2019, thereby infringing another’s trademark right by importing the 327 marks, which are counterfeit products with the same mark as the trademark registration number I and the trademark registration number J, to the Korean Intellectual Property Office.

B. Although the Defendant did not have the right to use the trademark, the Defendant imported the forged goods, which had the same mark as the trademark registration number M and trademark registration number N, to the Korean Intellectual Property Office on October 4, 2019, in order to deliver the forged goods with the same mark as the trademark registration number M and trademark registration number N (a total of KRW 640,400,000,000), thereby infringing another’s trademark right.

2. On August 5, 2019, the Defendant in violation of the Copyright Act imported 6CT (BL number G) of imported cargo from China to China from Incheon Port on August 5, 2019, thereby infringing on another person’s copyright by importing 720 of a bank, the shape of which is identical with H’s applied art work, “O” (a total of 396 billion won) with that of H’s applied art work, for sale in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Each police seizure record and the list of seizure;

1. Information on the progress of customs clearance;

arrow