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(영문) 청주지방법원 2020.03.25 2019고단2643
상표법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a household with the trade name of "D" in Seocho-gu, Seoju-si B and C.

1. No person who violates the Trademark Act shall use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods;

Nevertheless, around December 2016, the Defendant purchased two bit leases, which attached a trademark similar to “F (trademark registration number) registered by the victim E as designated goods with bit lease, etc. at the above furniture store, from each other, and sold one to each customer, and infringed the victim’s trademark right by displaying one store.

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 name, trade name, trademark, or container or package of goods of another person widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods bearing such a mark, or any other mark indicating another person's goods;

Nevertheless, from April 2017 to February 2019, the Defendant committed an unfair competitive act that causes confusion with the victim’s business facilities or activities by using a signboard, etc. a similar trade name and indication (in English only on the victim’s service mark changed to H), which is a service mark indicating the victim’s goods at the same location as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police officer of I;

1. Application of Acts and subordinate statutes to the petition of complaint and attached documents (Evidence No. 1 to 13);

1. The relevant Article of the Act on Criminal Facts and Articles 230 and 108(1)2 of the Trademark Act (the point of infringement on trademark rights, the choice of imprisonment), Article 18(3)1 and Article 2 subparag. 1(b) of the Unfair Competition Prevention and Trade Secret Protection Act are written in the indictment as stipulated under Article 2 subparag. 1, but such prior correction is made.

The point of unfair competition, imprisonment, and imprisonment.

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