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(영문) 대구지방법원서부지원 2020.09.08 2019고정756
상표법위반등
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who has sold a stone ties, etc. with the trade name of "C" in Daegu Seo-gu B.

1. Violation of the Unfair Competition Prevention and Trade Secret Protection Act;

(a) No one shall cause confusion with another person's goods by using marks identical or similar to another person's name, trade name, trademark, or container or package of goods, or any other mark indicating another person's goods, which are widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such marks

Nevertheless, from May 2010 to April 2019, the Defendant, at the above “C” store, sold the mark “F” and the mark “H” similar to the Defendant’s “F” and “G” widely known in the Republic of Korea with recognition of the Victim D, thereby causing confusion with the goods of the victim.

(b) No one shall cause confusion with another person's business facilities or activities by using any one identical or similar to the name, trade name or emblem of another person or any other mark indicating another person's business, which is widely known in the Republic of Korea;

Nevertheless, as above, the Defendant used the trade name “F” and “G” similar to the “F” and “C” widely known in the Republic of Korea upon recognition of the Victim D Co., Ltd. in the above date and place, and caused confusion with the victim’s business facilities or activities by using the trade name in the store signboard operated by the Defendant.

2. D Co., Ltd. violating the Trademark Act is a trademark right holder registered each as “I” on March 19, 2003 (J), “K” on October 17, 2014, and “M” on September 3, 2018.

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

Nevertheless, the Defendant, from May 201 to April 2019, at the above “C” store, without obtaining consent to use from the victim Co., Ltd., a trademark right holder.

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