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(영문) 대전지방법원 2017.11.02 2017고단2602
상표법위반
Text

A defendant shall be punished by imprisonment for two years.

Seized heading 6 through 17 of the certificate of 2602 shall be confiscated.

Reasons

Punishment of the crime

Defendant 2, “2017 Highest 2602,” a person operating “D (owner)”, which is a specialized company for motor vehicles in Gyeyang-gu, Gyeyang-gu, Yangyang-si C, and a person operating a Kap chairs in the same or similar shape as the wheel chairs of a foreign floating motor vehicle company, such as BMW, Benz, Awd, Awd, etc. from China, Taiwan, etc., and selling a car wheel, counterfeited wheel, caps, forged stickers, etc. through an Internet site (E).

1. No person who sells shall use a trademark identical with another person's registered trademark on any goods similar to the designated goods;

Nevertheless, at the above D sales store around March 28, 2017, the Defendant sold wheel chairs accompanied with a forged trademark in the same shape as the trademark right holder registered with the Korean Intellectual Property Office (registration No. 997904).

In addition, from that time until June 12, 2017, the Defendant sold 35 wheelchairss, wheelchairss, wheelchairss, etc. in the same way, such as 13 times in total, from that time until June 12, 2017, and infringed on trademark rights of trademark holders.

2. No person who keeps goods for sale shall possess goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery;

Nevertheless, at around 09:20 on June 19, 2017, the Defendant: (a) was a trademark holder registered with the Korean Intellectual Property Office in the Republic of Korea; (b) was a trademark holder registered with the Korean Intellectual Property Office; and (c) held 3072 wheelchairs caps, such as the registered trademark BMW (registration No. 1226362) with the same pattern as the registered trademark BM (registration No. 1226362), for the purpose of selling them to the trading office; and (d) infringed the trademark rights of the trademark holder for the purpose of selling a total of 20,690 counterfeit goods, such as the list of crimes in the attached Form (2).

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