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Defendants are not guilty.
Reasons
1. The summary of the facts charged is that Defendant A is the B representative director of Mapo-gu Seoul Metropolitan Government 503, and Defendant B is a corporation that engages in manufacturing, selling and selling clothes and wholesale and retail business.
A victim E is a trademark right holder who completed the registration of change of name on August 18, 2014 by filing an application for change of the name with the Korean Intellectual Property Office on August 13, 2014 for change of trademark registration number G and trademark registration number H with respect to the clothing, etc. as designated goods by F as a trademark right holder on August 13, 2014.
A. Defendant A (1) No trademark identical to another person’s trademark registered in violation of the Trademark Act shall be used for goods similar to the designated goods, or a trademark similar to another person’s registered trademark on goods identical with or similar to the designated goods.
Nevertheless, from August 18, 2014 to February 2, 2015, the Defendant used in the manner of displaying the clothes level and paper identical to the designated goods of the above registered trademark “B,” “B,” which is similar to each of the above registered trademarks “B,” and sold the clothing produced through “The Home shopping”, “The Home T&B shopping,” and the home shopping operated by the Home T&B shopping,” as above, the Defendant infringed the victim’s trademark right by displaying “The Home T&B,” which is a symbol similar to the registered trademark in the above clothing advertisements, by displaying “The Home T&B shopping,” which is a symbol similar to the registered trademark in the above clothing advertisements.
2) No act of causing confusion with another person’s goods by using another person’s name, trade name, trademark, or container or package of goods, or any other mark identical or similar to another person’s goods, which is widely known in Korea in violation of the Unfair Competition Prevention and Trade Secret Protection Act, or by selling, distributing, importing, or exporting goods using such a mark.
Nevertheless, the Defendant from around August 18, 2014.