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(영문) 인천지방법원 2017.10.12 2017고정1865
부정경쟁방지및영업비밀보호에관한법률위반등
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 is a person who sells electricity livers, etc. among “C” in the Nam-gu Incheon Metropolitan City apartment apartment building B.

1. Violation of the Unfair Competition Prevention and Trade Secret Protection Act;

(a) No one shall cause confusion with another person's goods by using marks identical or similar to another person's name, trade name, trademark, or container or package of goods, or any other marks indicating another person's goods, which are widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such marks;

Nevertheless, from September 2015 to February 1, 2017, the Defendant recognized the recognition of this well-knownness of the Victim’s “Fail Fisheries Co., Ltd.” in the above store, and sold a stone bed with a mark “fail turbing” widely known in the Republic of Korea, thereby causing confusion with the goods of the victim.

(b) No person shall cause confusion with another person's business facilities or activities by using any one identical or similar to the name, trade name, package, or any other mark indicating another person's business, which is widely known in the Republic of Korea;

Nevertheless, the Defendant, at the time and place indicated in the above paragraph A, posted the trade name, “the head of Si/Gun/Gu Fisheries Co., Ltd.”, which was widely known through this court’s judgment, and widely known in Korea, on the instant agency building signboards, placards, etc. run by the Defendant, thereby causing confusion with the victim’s business facilities or activities.

2. On August 22, 2013, the victim of the violation of the Trademark Act: (a) the trademark registration number of the victim’s trademark is indicated as “No. 090409,” but it is obvious that the trademark registration number of the victim is written as “No. 090409,” and (b) the trademark registration number was modified as a clerical error in the record.

Korea is a trademark right holder.

Anyone shall be the same as or similar to another person's registered trademark.

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