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(영문) 서울서부지방법원 2015.07.09 2015고정702
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

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

Nevertheless, at around 16:00 on November 3, 2014, the Defendant: (a) registered with the Korean Intellectual Property Office in Seodaemun-gu, Seodaemun-gu, Seoul; (b) 34 points in which the trademark holder’s “BLK YALK (Registration Number No. 0638535)” was affixed with a forged trademark; (c) 11 points in longer arms; (d) 10 points in half arms; (e) 3 points in 21 points; (f) 21 points in which the trademark holder registered with the Korean Intellectual Property Office “THENHHFE (Registration Number No. 075263); and (e) 15 points in which the trademark owner registered with the Korean Intellectual Property Office (No. 075263); and (e) 36 points in which the trademark owner registered with the Korean Intellectual Property Office for the purpose of selling the trademark; and (e) 15 points in which the trademark owner registered with the Korean Intellectual Property Office (Korean Intellectual Property Office).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation, report on investigation, report on investigation (in response to the results of appraisal), and report on investigation (in addition to photographs of seized articles);

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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

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