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(영문) 서울남부지방법원 2016.09.21 2016고단545
상표법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

Punishment of the crime

[2016 Height 545] (Defendant A) No person shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or causing another person to use such trademark on goods identical or similar to the designated goods.

Nevertheless, around April 14, 2015, the Defendant, along with his employee H, entered 63 trademarks identical and similar to the “BATS BYDDDD. RE (Registration No. 0972436, etc.)” in the name of “J”, “J” at around 14, 2015, the Defendant: (a) from around 00 to 30,000 so-called “J”; (b) from around 20,00 to 40,000, a total of 10,000,000,000 and 40,000,000, registered as the designated goods; and (c) from around 20,000 to 4,00,000, the Defendant kept 17,000,000,000 won and 14,000,000 won and 5,000,000 won and 5,000.

Accordingly, the Defendant conspiredd with the above H, thereby infringing on the trademark rights of the above trademark holders.

[2016 high group 1896] (Defendant) Anyone uses a trademark identical to another person’s registered trademark on goods similar to the designated goods, or a trademark similar to another person’s registered trademark on goods identical with or similar to the designated goods, or delivers, sells, forges, imitates or possesses a trademark identical with or similar to another person’s registered trademark on goods identical with or similar to the designated goods, for the purpose of using or causing another person to use such trademark on goods identical with or similar to the designated goods, or manufactures, delivers, sells or possesses any other person’s registered trademark with intent to forge or imitate, or forge or imitate another person’

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