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(영문) 대구지방법원 2014.01.02 2013고단5820
상표법위반등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for 10 months, by imprisonment with prison labor for 6 months, and by a fine of 3 million won.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A and Defendant B

A. Violation of the Trademark Act (1) Defendants who sell counterfeit goods via H sites are those operating “H”, which is the sales site of counterfeit goods, from 199 U.S. International C/C. 903 of Y-si, U.S.

No trademark identical or similar to another person's registered trademark shall be used for goods identical or similar to the designated goods.

Nevertheless, around June 4, 2010, the Defendants sold 5,127 points (or equivalent to 6,816,225,521 won at the fixed price of goods) on goods with a forged trademark, as shown in attached Table 1, from around that time until November 11, 2012, to J, the Defendants infringed the trademark right by selling 5,127 points (or 6,816,225,521 won at the fixed price of goods) for the mobile phone with a trademark similar to the trademark registration (LOUIS VITON trademark No. 063194) with a cell phone, etc. designated goods to the Korean Intellectual Property Office as a mobile phone.

(2) Defendant A sold counterfeit goods via B supplied forged goods to China in the L market located in Daegu-gu, Daegu-gu, and Defendant B intended to sell them at the same time in the above L market.

No trademark identical or similar to the registered trademark of another person shall be used for goods identical or similar to the designated goods, and no act of possessing, for the purpose of transfer or delivery, any goods identical or similar to the designated goods bearing the registered trademark of another person or any similar trademark.

Defendant

A In September 2012, 2012, A supplied one handbag, a trademark similar to the BOTEG VENEA trademark, to Defendant B, from that time until November 2012, a forged trademark is indicated in attached Table 2, as between the time when the BOTEG VNEA, which was registered by the BOTE EI as the designated goods to the Korean Intellectual Property Office by handbag, etc. (No. 0166500).

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