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(영문) 대구지방법원 서부지원 2019.09.05 2018고정725
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, from September 6, 2018 to October 5, 2018, operated the Internet shopping mall under the name of Daegu Seo-gu building B, and “D” from September 3, 2018, the Defendant infringed on the trademark rights of the said trademark right holder by selling a fake 37 punishment goods equivalent to KRW 6,770,00,00 at the market price of the fake 37 punishment goods, such as the letter of crime (1) on which the trademark right holder registered with the Korean Intellectual Property Office, is marked with the name of “Sphar sports hub C”, and the name of “Sphar sports hub C. D.”

"2018 Highly 745"

1. On May 2018, the Defendant operated the Internet shopping mall under the name of “F” in Busan-gu, Busan-gu, the Defendant infringed the trademark rights of the said trademark right holder by selling fake clothes 200 clothes, such as the name tag (2) on which the trademark right holder’s “spyp spyp sports spyp” was registered with the Korean Intellectual Property Office, and the trademark right holder’s “spyp spyp sports spyp” was indicated in the name of “F”.

2. On June 2018, the Defendant: (a) operated the Internet shopping mall under the trade name “G” in Seogu-gu building B and C; (b) around June 2018, the Defendant infringed the trademark rights of the said trademark right holder by arbitrarily posting and advertising fake clothing goods bearing a trademark identical or similar trademark identical or similar to the sphaar’s pattern registered with the Korean Intellectual Property Office, on the said Internet shopping mall site.

Summary of Evidence

"2018, 725"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused and sales specifications attached thereto;

1. A statement to supplement a complainant's agent, such as a complaint-a trademark/trademark service mark register, closure photographs, content certification, etc.;

1. Investigation report (Submission of additional data by a complainant) - Teacher for regular supplies, 2018No745;

1. Defendant's legal statement;

1. A supplementary statement of H’s agent;

1. A complaint - a copy of the trademark register, a copy of the “F” website closure photograph, a power of attorney, and a statement of complainants;

1. A complaint;

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