Whether an act of infringing a trademark right or an exclusive license constitutes an act where a person who acquires or imports goods bearing a registered trademark by a trademark right holder, etc. arbitrarily divides such goods into small quantities and packages them in a new container, and then transfers the registered trademark or the registered trademark indicated as above (affirmative in principle)

If a person who takes over or imports goods bearing a registered trademark by a trademark right holder or a legitimate licensee (hereinafter referred to as "trademark right holder, etc.") voluntarily packages such goods into small quantities and packages them in a new container, and then transfers the registered trademark or the registered trademark as above, the act constitutes an act infringing the trademark right or the exclusive license, barring special circumstances.

Article 93 of the Trademark Act

Defendant

Defendant

Suwon District Court Decision 2011No1909 decided December 2, 2011

The appeal is dismissed.

The grounds of appeal are examined.

If a person who takes over or imports goods bearing a registered trademark by a trademark right holder or a legitimate licensee (hereinafter referred to as "trademark right holder, etc.") voluntarily packages such goods in a new container by dividing them into small quantities, and then transfers the registered trademark or the registered trademark to him/her as above, the act constitutes an act infringing the trademark right or the exclusive license, barring special circumstances.

According to the reasoning of the judgment below, the SUPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPMPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP, the relevant trademark may be registered in the Republic of Korea.

Examining this in light of the above legal principles, it is deemed that the defendant, not the trademark right holder, etc., has infringed the trademark right holder's right to arbitrarily display the registered trademark on a container with a small capacity.

In the same purport, the court below is just in maintaining the judgment of the court of first instance which found the defendant guilty, and there is no error in the misapprehension of legal principles as to the Trademark Act or the rules of evidence

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee In-bok (Presiding Justice)