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(영문) 수원지방법원 성남지원 2019.10.17 2018고단2938
상표법위반
Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 10 million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A around September 2016, after establishing the Defendant B as its business objective for the manufacture, sale and related services of digital gambling, it is currently in office as its representative director.

A victim C Co., Ltd. (hereinafter “victim C”) is a company engaging in the business of manufacturing and selling digital gambling, and is a trademark right holder registered with the Korean Intellectual Property Office on July 20, 2015 as D and registration number E.

(hereinafter referred to as “instant registered trademark”). 1. Defendant A may not use a trademark identical or similar to another person’s registered trademark on goods identical or similar to the designated goods.

Nevertheless, between February 2, 2017 and November 2017, the Defendant displayed the trademark on the Internet homepage (B) of the joint stock company B operated by the Defendant and advertised digital fishing products sold by the joint stock company B, and supplied the digital fishing products attached to the trademark to the F apartment in Ulsan-gu, Ulsan-gu, and sold approximately three thousand digital fishing products.

Accordingly, the defendant used a trademark identical or similar to the registered trademark of the victim company for goods identical or similar to the designated goods, thereby infringing the trademark right of the victim company.

2. Defendant B, a representative, infringed on the trademark rights of the victim company regarding the Defendant’s business, as set forth in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H, I, J, K, L, and M, and part of witness N’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Patent registration matters, an agreement, documents sent, peremptory notices, documents sent, etc., full certificate of registered matters, matters to be registered, matters to be registered, matters to be investigated (Submission of an application for trademark registration which is a complaint), notification of submission of opinions, and notification of results;

1. Other closure photographs of the homepage;

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