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(영문) 서울서부지방법원 2020.02.07 2019고단3139
상표법위반등
Text

Defendant

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

but for three years from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Defendant A is a person who operates the tax manufacturing chain “D” in the tax manufacturing industry in Namyang-si, Namyang-si.

From the end of 2015, while the Defendant had been supplied and sold a fake F from E, the Defendant suggested that “I will not see whether I would create a fake F cream” while indicating the packaging of the fake F. The Defendant had been able to directly manufacture and sell the fake F by being supplied with a fake F c c c c c c spher from E in the aforementioned “D.”

Accordingly, from around October 2018 to around October 10, 2018, the Defendant: (a) mixed the aforementioned D with the U.S. Tyanium with 8:2 or 9:1; (b) manufactured a fake Fbag in which the registered trademark “F (trademark No. H, I, J, K)” and “L (trademark No.M)” are sealed on a package (f) package, a trademark of the victim limited liability company G; and (c) sold them to an unspecified number of consumers with D’s “D, Q,” “R” in N, P, etc., a Internet shopping site.

As a result, the defendant infringed the victim's trademark rights and, at the same time, sold goods identical or similar to another person's trademark widely known in Korea, thereby causing confusion with another person's goods.

2. Defendant B, a person operating a distributor with the trade name “T” in Kuri-si, received a proposal from E on September 2018 that “I may sell a fake Fbrate with the trade name of “T,” and accepted both inside and outside of the Republic of Korea.”

Accordingly, around September 2018, the Defendant supplied a fake Fbus (mix 8:2 or 9:1) from E in the foregoing T, with the delivery of a package of the registered trademark “F (trademark registration number H, I, J, K)” and “L (trademark number M)”, a package of the registered trademark G of the victim limited liability company G, and sells 60 boxes (f0,880,000 won) to V in Incheon Gyeyang-gu, Incheon, and on October 10, 2018.

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