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(영문) 부산지방법원 2013.09.26 2013고정3111
상표법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No act of using a trademark identical with the registered trademark of another person on goods similar to the designated goods, or using a trademark similar to the registered trademark on goods identical or similar to the designated goods.

On March 28, 2012, the Defendant depart from China on March 28, 2012, and the same year for domestic sales purposes.

9. During the period of time, the first instance court ordered "D (China)" personnel of C in China, who actually sell Korean clothing, etc. from among those located in Busan Shodong-gu, Busan, where the Defendant was the representative, to purchase counterfeit goods with the trademark marked "BURBERY" 490 points on the list of crimes attached to the list of crimes in attached hereto, where the trademark is marked "BURBERY" (BURBE), 102 points on the list of crimes in attached list of "E", where the trademark is marked "BURBERY", and 102 points on the list of crimes, where the trademark is marked, and 102 points on the list of counterfeit goods with 157,710,000 won.

9. 14. The goods were imported for domestic sales purposes through the Incheon Port (Secheon-gu Incheon Customs Office 1-22, Incheon Customs Office 1).

As a result, the Defendant infringed the trademark right of category 1 trademark, other than the trademark right of “BURY”, on which the trademark registration (registration number: 0419946) was made by “BURBERY” located in the United Kingdom as the designated goods of the Korean Intellectual Property Office as the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary submitted documents, records of seizure and the list of seizure;

1. Abrug 490 points and a report on detection of 102 points an Abbech b&P 102 points, each import cargo processing information printed out, each type of files, invoices, packaging specifications, appraisers, trademark register copies, appraisers' trademark register (Abech b&P) copies, photographs, C business information printed out, F company information printed out, imported cargo/customs clearance-related information output (Burl f&P f&P) and C import records, and C import records.

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