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(영문) 대전지방법원 2016.05.27 2016고단269
상표법위반
Text

Defendant

A Imprisonment for one year, Defendant B is punished by a fine of KRW 7 million, Defendant C is punished by a fine of KRW 5 million, and Defendant D.

Reasons

Punishment of the crime

[2016 Highest 269]

1. Defendant A

A. The Defendant, along with E, sold forged trademark attachment goods, a person who wholesale sold bags, verbally, etc. through LAC (M) and NAC (O) established in the Internet portal site while operating the second floor office of a building in Gwangju-gu, Seo-gu.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, the Defendant, in collusion with E on April 29, 2014, sold the registered trademark (registration number No. 59471) of the owner of the trademark right at the end belt of the horse belt of the trademark right and sold one bag with a forged trademark of the same shape as the registered trademark (registration number No. 59471) and infringed the trademark rights of the trademark owner by selling a total of 122,699 points, such as the bags on which the trademark holder’s registration and the forged trademark of the same shape as the trademark in attached crime No. 1, as described in attached Table 1, from January 19, 2016.

(b) No person holding a forged trademark or a trademark attached thereto for sale shall use the same trademark as a trademark registered of another person for goods similar to the designated goods, or use such trademark on goods identical with or similar to the designated goods;

Nevertheless, on January 20, 2016, the Defendant, in collusion with E, stored the second floor office of the building in Gwangju-gu and the first floor warehouse of the building located in Seo-gu P in Gwangju-gu and its neighboring Gwangju-gu, with the trademark right holder's registration mark (No. 59471) on the backer belt of the trademark right holder (No. 59471) and stored 3,442 points on the bags with the same shape as the trademark registration mark attached, and infringed the trademark rights of the trademark holder by keeping 22,463 points, such as the bags with the trademark right holder's registration mark attached, such as the one with the trademark right's registration mark II, for sale.

2. Defendants B, C, and .

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