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(영문) 서울남부지방법원 2020.10.26 2020고정586
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the person who operates the Geumcheon-gu Seoul Metropolitan Government Group C and D, and the company G located in the Geumcheon-gu Seoul Metropolitan Government Group B building F.

No one shall use any trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods.

From March 2017 to April 2019, the Defendant: (a) indicated the trademark right holder’s trademark on L’s pet clothes, etc., which are similar to the trademark “I” (I, registration number J) that he/she registered pet clothes, etc. for pet animals to the Korean Intellectual Property Office as designated goods; (b) indicated L’s pet clothes, etc., operated by E, online shopping mall; and (c) infringed on the trademark right holder’s trademark by using such methods as displaying pet clothes, etc., on the promotional bulletin of goods, such as pet clothes, etc. in the SNS account, such as Sone Star Program, Pampbook, and M

Summary of Evidence

1. He's legal statement;

1. A certified copy of a written decision on registration, written decision by the Intellectual Property Tribunal, and written decision;

1. Application of Acts and subordinate statutes, such as documentary evidence and photographs;

1. Article 230 of the Trademark Act and Article 230 of the same Act concerning criminal facts and the choice of fines;

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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