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(영문) 서울중앙지방법원 2017.03.23 2017고단213
상표법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, as to the Defendants, this case is against the Defendants.

Reasons

Punishment of the crime

Defendant

A operates a virtual seller of “D” in Seoul, Jung-gu, Seoul, the first floor C market 86, 87, and Defendant B is a person operating a virtual manufacturer of “F” in Jung-gu, Seoul. The Defendant A requested Defendant B to manufacture a trademark similar to “TOR BYUCH, 097202,” which is the trademark owner’s trademark registration of “F” and similar to “TOR YUCH, 097202,” but the trademark registration was refused, with the intent to continue to sell a new store, and Defendant B was aware of such fact.

Defendant

A From January 1, 2016 to October 4, 2016 of the same year, from the trademark right holder “D” to the trademark “L. L.P.,” forged in a shape similar to “TORY BURCH, 097202,” which is a trademark of the trademark right holder “B” (TORY BURCH, registration number No. 097202), and raw materials necessary for manufacture, such as bags, were supplied to Defendant B, G, and H, for production upon request by the manufacturer, and then received the completed goods, and then, he sold them with the total amount of KRW 27,583 (the total amount of KRW 410,583,00, KRW 100, KRW 1030, KRW 300, KRW 1000, KRW 3000, KRW 1000, KRW 10300, KRW 500, KRW 3000.

Defendant

B supplied 16,943 points in the above “F” factory at the request of Defendant A and around January 4, 2016 (a total of KRW 217,674,00 in total, KRW 6,777,200 in the fixed amount, KRW 6,00 in total, and KRW 6,77,200 in the fixed amount, and KRW 6,00 in the fixed amount, which was produced to supply to Defendant A at the above “F factory” around October 6, 2016.

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