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(영문) 서울중앙지방법원 2013.11.07 2013고단5292
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

From July 2012, the Defendant: (a) around July 2012, at a plant located in Jung-gu, Seoul; (b) from the person who was sexually D, a trademark right holder D; (c) attached a forged trademark of Addiveas (Registration Number: No. 035400) registered with the Korean Intellectual Property Office; (d) attached Ralph Lex (Registration Number: 02904) by Polo, a trademark right holder registered with the Korean Intellectual Property Office; and (d) attached a forged trademark of Ralph Lex (Registration Number: No. 02904) with a forged trademark; and (d) attached a forged trademark to Ethts or raw part of the trademark at the place where the trademark was attached; and (e) maintained the forged trademark at KRW 100,000,000 with a forged trademark attached to Ethts or raw part of the trademark at around October 29, 2012, and stored at KRW 10,701.

The Defendant infringed trademark rights of the trademark right holder respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Field control photographs;

1. On-site and documentary evidence seized and photographs;

1. Each investigation report (in response to results of product appraisal);

1. Application of the statutes of the original trademark register;

1. Relevant Articles of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes concerning the violation of the Trademark Act due to the infringement of a DNA trademark right heavier than the circumstances);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition on the grounds of Article 97-2 (1) of the Trademark Act or more;

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