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(영문) 부산지방법원 2017.06.28 2017고정169
상표법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

A high recognition level C is a trademark right holder who registered ten trademarks related to G with the FG "C" and "C", etc., and manufactures and sells a lot of trademarks, which are manufactured and sold in Korea and abroad.

1. No person who violates the Trademark Act 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, on March 2013, the Defendant: (a) knew that C is a public figure, and (b) sold “C”, which is a trademark identical with or similar to the registered trademark registered in the L-gu Busan Metropolitan City L-gu, Busan, with the knowledge of the fact that C, which is sold in the L-A-U-U-U-U-U-U-U-U-U-U-D,

As such, the Defendant knowingly sold approximately 1 year from July 2015 to July 13, 2016, 4, and 2.680,000 won among consumers, thereby infringing the trademark rights of the victim.

2. No person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall cause confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or other marks indicating another person's goods, which are widely known in the Republic of Korea, or by selling, distributing, importing or exporting goods using such one;

Nevertheless, from July 2015 to July 13, 2016, the Defendant sold a stone bed with a mark “C” widely recognized in the Republic of Korea by the victim D Co., Ltd., as described in paragraph 1, from July 1, 2015 to July 13, 2016, thereby causing confusion with the products of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. The police investigation report 1.

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